We receive a number of enquiries from clients with regard to protecting their loved ones during ill health. Likewise clients often want to plan for their own future in case of their health or capacity being reduced due to ill health. Clients often are unsure if they require a Power of Attorney or a Guardianship and we will explain below. If unsure please contact us for more information or to make an appointment.
POWER OF ATTORNEY
There are two types of powers of attorney that can be granted by you. The first is what is known as Continuing Powers (deals with financial matters) and the second is Welfare Powers of Attorney (deals with health and wellbeing). They can be granted as joint powers in a single certificate.
Where the client has capacity in terms of his/her mental health they may wish to grant a Power of Attorney to a family member or trusted friend. The client referred to as the Granter will meet with us and discuss their needs and who they wish to appoint. It is possible to have more that one appointee as your Power of Attorney or one with substitute(s) appointed in case the first appointed cannot perform their duties due to their own ill health or other reasons.
The power of attorney is drafted by us on your instructions and it must incorporate a certificate in the prescribed form by a solicitor from our firm or by a Doctor, to the effect that our solicitor has interviewed you immediately before you signed the document, and is satisfied either because of his own knowledge of you or because he has consulted other persons (whom he names in the certificate) who have knowledge of you, that at the time the continuing Power of Attorney is granted you understands its nature and extent and he has no reason to believe that you are acting under undue influence or that any other factor vitiates the granting of the power.
We require your personal details and the full contact details of the person or persons you wish to appoint as your Power of Attorney. The Certificate is registered with the Office of the Public Guardian.
GUARDIANSHIP