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Powers of Attorney & Court of Protection

Most people tend to think of Powers of Attorney (POA) in the context of someone losing the capacity to manage their affairs, but they can also be used in other circumstances and should be given consideration when planning for the future.

Lasting Powers of Attorney

A Lasting Power of Attorney (LPA) allows you to nominate individuals you trust (called attorneys), to make decisions on your behalf. They can be made in advance of you needing help in managing your affairs or in making decisions about your health and can take effect straight away or at some point in the future. To be effective, they must be formally registered. There are two types of LPA:

Property and Financial Affairs LPA. This provides your chosen attorneys with legal authority to deal with and manage your financial affairs, when the need arises. An LPA could be useful if you are going abroad or become physically or mentally incapacitated, or simply want someone to manage your affairs. This can include such things as claiming pensions and allowances or operating bank accounts.

Health and Welfare LPA. Health and Welfare LPAs allow your attorney to make decisions regarding your personal welfare including any medical treatment you may need. It can only be used by your attorney when it is deemed that you are unable to make decisions by youself.


Court of Protection Orders

Should someone lose mental capacity and not have made a Lasting Power of Attorney, then an application has to be made to the Court of Protection to be appointed as their deputy so that you can then manage their affairs. Martin Kaye Solicitors are able to assist you in making that application.

For more information, please contact Jemma Blake or June Noto on 01952 525927 or or