We are increasingly seeing the need for older or more vulnerable members of society to require advice and services to assist them with the protection of their assets and personal welfare.
It isimportant to consider how we wish to manage and maintain our financial affairs and our personal needs should the time come that we are unable to do so ourselves either through old age, ill health or injury. Depending on your personal circumstances, there are a number of avenues of legal redress which may be appropriate and which Neil Foley & Co can help you with in our prompt, professional and friendly manner.
Lasting Powers of Attorney
A Lasting Power of Attorney is a legal document allowing you to appoint a trusted individual to act on your behalf and make decisions concerning your property and financial affairs and/or your health and welfare when you no longer have the mental capacity to undertake such tasks. The Attorney will act in your best interests when acting on your behalf. Should you wish for someone to step in to your shoes in this way, then they will need the required authority which a registered Lasting Power of Attorney can provide.
It is important to consider making a Lasting Power of Attorney whilst we have the capacity to do so. Should a vulnerable person lose such capacity, then different applications are required to the Court of Protection for someone to act on their behalf which are far more costly and time consuming than Lasting Powers of Attorney.
Our team, specialising in elderly client services, are happy to advise you on the implications of a Lasting Power of Attorney and whether it is applicable to you. We can draft and complete the documents for your Lasing Power of Attorney and lodge the application with the Office of the Public Guardian.
Should you or your loved one have made an Enduring Power of Attorney, then we can assist in its registration so that the appointed Attorney may able to undertake their role.
Court of Protection
In the unfortunate event that an individual has lost the mental capacity to make their own decisions on either the management of their property and financial affairs or their own welfare, then an application to the Court of Protection for a Court appointed Deputy should be made to act on behalf of the person in question.
Our team would be more than happy to advise you on implications of your application and the Deputy’s role and responsibilities. We can draft the application and deal with the Court of Protection on your behalf. It is our aim to provide a service you can rely on during the sometimes daunting process and minimise the potential for distress during a naturally difficult time.
Ordinary Power of Attorney
Either a General Power of Attorney or a Specific Power of Attorney can be used to appoint an individual to act on your behalf on particular financial affairs should you be unable to do so for a specified period of time.
Our skilled team can advise on and draft the relevant documents required to implement such Powers of Attorney. We are happy to help in this regard or advise you on whether these Powers are relevant to your particular circumstances.
