Legal Matters
 

When caring for someone there are a number of legal issues you may have to consider. This may include dealing with their finances as a result of them not being able to deal with this themselves. It may be a fact that you or the person you care for have never considered making a Will. There are many things to consider which some are explained in this section.

Power Of Attorney A Power of Attorney is a legal document which gives the authorisation to another person or persons to handle another persons financial affairs. The Power of Attorney is limited and is valid only while the person whose financial affairs are being handled is fully compos mentis (sound of mind). If the person you are acting on behalf of becomes mentally incapacitated, the Attorneyship becomes invalid.  There are two types of Power of Attorney : General Power of Attorney - covers every action that might require a signature or Specific Power of Attorney This is limited to a single action such as selling a property.  You do not need the services of a solicitor to obtain Power of Attorney. Forms can be obtained from The www.guardianship.gov.uk Public Guardianship Office

Lasting Power of Attorney - This has taken over from Enduring Power Of Attorney The Lasting Power of Attorney give the person who is appointed to manage the affairs the right to make not only financial decisions but also welfare decisions for the person who is being cared for. Click here to view information from The Public Guardianship Office. Please remember if you have already a Enduring Power of Attorney in force prior to the Lasting power of Attorney coming into force which should be late 2007, the Enduring Power of Attorney will still be in force after this date

Court Of Protection If someone has become mentally incapable of handling their own financial affairs before appointing an Attorney as part of an Enduring Power of Attorney an application will need to be made to the Court of Protection. Click here to view information about Court of Protection from the Public Guardianship Office (pdf document)

Wills A last will and testament is sometimes difficult to think about and are sometimes even more difficult to write. However a Will is a very important document so that others know what the person wants done at the funeral and also how any money or property is to be administrated. If a Will is not made (Intestate) the family will need to tackle  many additional issues at what can be a very distressing time. If a Will is not made any persons involved in the administration of monies, property etc are bound by the decisions made in law as who is to inherit. The decisions on how the estate is to be divided is taken out of the hands of the family and is very much a point of law. Click here to find further details about wills