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Powers of Attorney

If you are concerned that you may not be able to make decisions or manage finances, for example because you are going into hospital or are going overseas, you may be advised to appoint an Attorney. The document which appoints the Attorney is known as a Power of Attorney and this document specifies the powers that you wish to give to the Attorney. You can choose the Attorney and decide what powers the Attorney should have. When the document has been signed by you the Attorney will be able to act in your name, without referring back to you, but only insofar as you have granted him power to do so.

A Power of Attorney to manage your affairs can last only for a specified period of time, for example while you are abroad on holiday, or alternatively it may be open-ended. It may continue in force if you lose capacity, or it may come into force only if you lose capacity.

You can also grant a Welfare Power of Attorney, so your Attorney can take decisions regarding your personal welfare if you lose capacity. If your capacity has become impaired and you have not already appointed an Attorney, then it may be necessary for a Court to appoint a Guardian to oversee your affairs. That might not be the person you would have chosen and the powers given might not be those that you would have wanted. It is therefore important to see a solicitor and ensure that your Power of Attorney is propertly drawn up.

Paris Steele W.S. have many years of experience in advising on Powers of Attorney and Guardianship Orders and would be happy to advise and assist you in that connection.