Wills & Private Client

In our lifetime most of us may expect to be faced with a relative becoming too physically or mentally frail to manage their own affairs – and it certainly makes sense to plan against such an eventuality befalling oneself or those close to us. In the event that you do not create an appropriate Power of Attorney and you lose capacity to manage your affairs the Public Guardianship Office will intervene and appoint a “Deputy”. Applications for the appointment have a number of disadvantages which include delay, increased expense and that the Deputy has restrictions upon their powers so that they may need in some instances to revert to the Court of Protection for authority.

Appointment as an Attorney involves significant responsibilities including a duty to manage the affairs of the donor prudently, to keep proper accounts and to act with good faith. You should give careful thought to your choice of Attorney. Members of this firm will be prepared to accept appointment in suitable cases if you so wish.

The new regime is in many ways more flexible but in our view great care will need to be taken in the preparation and exercise of these new powers.