Powers of Attorney and Mental Capacity
Expert legal advice to prepare for potential incapacity challenges.
Nobody likes to think about what might happen in the event that we lose our mental or physical capacity to manage our own affairs.
But it is important to give thought to what you would want to happen, if the worst should come to pass.
If the right arrangements are not put in place, the impact on family, friends and your business, can be devastating.
For those who have a key role in business, a sudden loss of capacity may mean that time critical transactions cannot be completed, board dynamics could be negatively affected and in some cases the existence of the business itself could be threatened.
The prospect of relinquishing control of your financial affairs when you can no longer manage them, can be a frightening one.
But worse still is the potential for the decision about who will manage your affairs to be taken out of your hands.
This applies not just to decisions about property, financial and business affairs, but also your health and welfare.
That is why it is important to appoint an Attorney you trust who can make decisions on your behalf, in your best interests, when you are no longer able to.
Our people, your team
Our partner-led team has many years of experience advising on the issues relating to mental or physical incapacity, including Court of Protection applications or disputes.
We will work with you to understand your situation, potential challenges you face, and what you would wish to happen should you become in some way incapacitated.
Taking this into account, we will then help you to put in place the right documents in place ahead of time.
How we help
Our advice is both empathetic and technically astute, ensuring a highly personalised approach for your particular needs.
This ensures that your wishes are made clear and are respected, avoiding the potential for discord between family members, friends or medical and other professionals.
- Advance decisions and Living Wills
- Appointment of a deputy
- Attorney administration
- Court of Protection applications to assist an attorney or deputy in the execution of their responsibilities
- Court of Protection Disputes relating to, but not limited to:
– Challenges to ‘best interests’ decisions
– Challenges to registration of an LPA
– Decision-making capability
– Property and/or finances
– Statutory Will or gift applications
– Suitability of a Deputy or Attorney
- General and Business Powers of Attorney
- Helping Attorneys understand their role
- Helping clients to understand the role of an appointed Attorney
- Preparation of Property & Financial Affairs and Health & Welfare LPAs
- Registering or making applications in respect of existing Enduring Powers of Attorney (EPA)