Providing vital support in assigning Lasting powers of attorney
powers of attorney
Assigning a power of attorney when the time is right is a decision that can profoundly impact your future and the wellbeing of your loved ones. At AmicusLaw, we understand the gravity of this choice and are here to guide you through the process with care and expertise.
Your power of attorney will have the authority to make decisions on your behalf typically due to illness, disability, or other unforeseen circumstances. They will assume a critical role in managing your financial, legal and personal affairs. They can handle tasks such as paying bills, managing investments, and even making healthcare decisions in alignment with your wishes. The power of attorney ensures that your interests are safeguarded and your affairs are managed efficiently when you cannot act on your own.
At AmicusLaw, we recognise that each individual’s situation is unique. We understand the significance of this legal instrument, and we prioritise the wellbeing and best interests of all parties involved. Our experienced lawyers will work closely with you to define the powers of attorney in a way that aligns with your values and preferences. We not only draft clear and comprehensive documents but also provide guidance and support to your appointed agents, ensuring they fully understand their responsibilities.
We are accustomed to looking after the affairs of clients whether at home or in residential care, are happy to make home visits, and work closely with the caring professionals to ensure a high quality of care and service.
Advanced Paralegal (MCILEX)
The Court of Protection is a specialist court that deals with the affairs of people who lack the mental capacity to make decisions for themselves. This can include people with dementia, learning disabilities, brain injuries, and other mental health conditions.
The Court of Protection can make a variety of decisions on behalf of people who lack capacity, including:
- Financial decisions, such as managing bank accounts, paying bills, and buying and selling property
- Health and welfare decisions, such as consent to medical treatment, place of residence, and contact with family and friends
The Court of Protection’s primary function is to protect the rights and interests of people who lack capacity. It does this by ensuring that all decisions made on their behalf are in their best interests.
The Court of Protection is also responsible for monitoring and supervising the work of deputies. Deputies are people who are appointed by the Court of Protection to act on behalf of a person who lacks capacity.
Anyone who is concerned about the wellbeing of a person who may lack capacity can apply to the Court of Protection. This can include family members, friends, carers, and professionals such as social workers and doctors.
If no one is willing or able to act as a Deputy, the Court of Protection can appoint a Panel Deputy who is someone pre-approved by the Court.
How does a Court of Protection case work?
In making an application to the Court of Protection, an assessment will need to be carried out to determine whether the person lacks capacity. If the assessment finds that the person does lack capacity, the court may appoint a deputy to make decisions on their behalf. Many cases are decided without a court hearing.
What happens if I disagree with a decision made by the Court of Protection?
If you disagree with a decision made by the Court of Protection, you can appeal the decision.
How to get help and advice about the Court of Protection.
If you are concerned about a person who may lack capacity, or if you have any questions about the Court of Protection, you can contact the Office of the Public Guardian (OPG). The OPG is a government department that provides information and advice about the Court of Protection.
AmicusLaw specialise in Court of Protection law, for further advice contact our team.