Our senior partner Mr Paul Honke has for over 25 years advised clients about Lasting Powers of Attorney, Enduring Powers of Attorney and the Court of Protection.
He provides a comprehensive service advising clients of the choices open to them so that they may make the best decision for themselves.
This may be for a person wanting to make and register a Lasting Power of Attorney.
It may alternatively be to advise a relative what to do if someone in their family lacks mental capacity and the ability to make a decision for themselves. This could involve an application to the Court of Protection to be appointed to make decisions on behalf of that person.
A lasting power of attorney (LPA) allows a person (called the ‘donor’) to appoint one or more people (known as ‘attorneys’) to help to make decisions or to make decisions for them. Often one or more relatives or a close friend is chosen to be the attorney.
This gives the donor more control over what happens to them if for example the person suffers an accident or an illness and is unable to make decisions at a time they need to be made (this is sometimes referred to as the person lacking mental capacity).
By choosing who to be your attorney you ensure as far as possible that you are choosing someone you trust to make decisions for you and on your behalf.
There are 2 types of LPA, one that allows someone to take decisions for you regarding your health and welfare and the other allows someone to make decisions in respect of property and financial affairs. A person can choose whether to make one or both and can choose one or more persons to make the decisions for them.
This only takes effect if a person is unable to make their own decisions and means that the trusted person can make decisions regarding day to day matters, longer term care and medical treatment.
This gives the person you choose the power to make decisions about money and property for you, whether it be managing a bank account, paying your bills or even a decision as important as selling your home.
Both powers of attorney need to be registered with the Office of the Public Guardian to ensure they are to be effective.
Mr Honke registers LPAs (and Enduring Powers of Attorney made before October 2007) at the OPG to ensure they are effective and advises on disputes with regard to the validity of those documents and the actions of an Attorney.
Mr Honke also advises members of families who have a person in their family who lacks capacity and when it is necessary for a person to be appointed as Deputy by the Court of Protection to deal with the financial affairs and property of that person.