Power of Attorney & Wardship
Planning ahead or dealing with a loss of capacity can be difficult for families. We guide clients through Enduring Powers of Attorney and Wardship applications carefully and clearly, helping you put the right arrangements in place for the future.
Planning for the Future and Protecting Your Interests
There may come a time when a person is no longer able to manage their own financial or personal affairs due to illness, injury, or age-related conditions. In these situations, it is important to have the proper legal arrangements in place so that decisions can be made in their best interests.
We assist clients with Enduring Powers of Attorney, which allow a person to appoint someone they trust to manage their affairs if they lose capacity in the future. Where no such arrangement is in place and a person has already lost capacity, we can advise families in relation to Wardship and court applications to ensure that the person’s affairs are properly managed and protected.
These are sensitive matters for families, and we aim to guide clients through the process in a clear and practical way.
Our Power of Attorney & Wardship Services
Enduring Power of Attorney
An Enduring Power of Attorney allows a person to appoint someone they trust to manage their financial affairs and personal care decisions if they become unable to do so in the future. This can include dealing with bank accounts, property, bills, and important personal decisions. Putting an Enduring Power of Attorney in place is often one of the most important steps a person can take to plan for the future.
Wardship Applications
Where a person has already lost the ability to manage their own affairs and no Enduring Power of Attorney is in place, it may be necessary to make an application to court so that someone can be appointed to manage their affairs on their behalf. We assist families with Wardship applications and guide them through the court process involved.
Why It Is Important to Put Arrangements in Place Early
Many families only begin looking into these matters when a health issue arises, but by that stage it may be too late to put an Enduring Power of Attorney in place. In those circumstances, the only option may be a court application, which can be more time-consuming and more costly.
Putting an Enduring Power of Attorney in place in advance allows a person to decide who they trust to manage their affairs and how those affairs should be handled. It can greatly reduce stress and uncertainty for family members at a difficult time.
We regularly advise clients and families on the most appropriate steps to take depending on their circumstances.
Speak With a Solicitor
If you are considering putting an Enduring Power of Attorney in place, or if you need advice in relation to Wardship or managing the affairs of a family member who has lost capacity, we would be happy to speak with you.
These situations are often sensitive and can be difficult for families to navigate. We aim to explain the options clearly and guide you through the process step by step.
Frequently Asked Questions
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An Enduring Power of Attorney is a legal document made by a person while they still have mental capacity, allowing them to appoint someone they trust to manage their affairs if they lose capacity in the future. Wardship, on the other hand, usually arises where a person has already lost capacity and did not put an Enduring Power of Attorney in place. In those circumstances, an application must be made to court to appoint someone to manage the person’s financial and personal affairs under the supervision of the court.
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An Enduring Power of Attorney must be put in place while a person still has full mental capacity, so it is advisable to arrange this sooner rather than later. Many people put an Enduring Power of Attorney in place as part of their overall planning alongside making a will. It can be particularly important for business owners, property owners, or anyone who wants to ensure that their financial and personal affairs can be managed by someone they trust if they become unable to do so.
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A person can appoint one or more people that they trust to act on their behalf. This is often a spouse, partner, adult child, close relative, or trusted friend. The appointed person, known as the attorney, may be given authority to manage financial matters, property transactions, banking, bills, and in some cases decisions relating to personal care and welfare. It is important to choose someone who is reliable and capable of managing these responsibilities.
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If a person loses the ability to manage their affairs and has not made an Enduring Power of Attorney, family members may need to apply to court to be appointed to manage their affairs. This process can take time and involves court supervision of the person’s financial affairs. For this reason, many people choose to put an Enduring Power of Attorney in place in advance so that their affairs can be managed more easily without the need for a court application.
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Putting an Enduring Power of Attorney in place involves preparing the legal document, arranging for medical certification confirming capacity, and completing the required legal formalities. The document must then be registered if and when it is to come into effect. The initial preparation can usually be completed relatively quickly once instructions are taken, but it is important not to leave it too late, as it cannot be completed once a person has lost capacity.