Lasting Powers of Attorney


What would happen if I could no longer manage my property and affairs?


Nobody knows what the future holds and there might be any number of situations whether permanent or temporary which could leave you unable to manage your affairs.   The circumstances might be sudden (as in the case of an accident or stroke), or gradual (as with the onset of dementia or Alzheimer’s).


If you become mentally incapable of managing your bank accounts or investments or dealing with property in your sole name and you have not legally appointed anyone else to do so, no one will be able to manage these assets on your behalf.  This means that even your spouse and children would not be able to gain access to your accounts or sell your property if you needed residential care.  If you are unable to make decisions about these matters then the only avenue may be for a family member to make an application to the Court of Protection to be appointed to act on your behalf which is a about Lasting Powers of Attorney you can contact me on 01664 563162 or by email at .(JavaScript must be enabled to view this email address). lengthy and often expensive process.


It is for this reason that it is possible to create Lasting Powers of Attorney.  These are legal documents which you can put into place in advance to appoint one or more attorneys who could make decisions for you should the need arise.   There are separate forms for dealing with decisions about your property and affairs and for your health and welfare.


To put an arrangement in place the forms that must be correctly completed to determine who you wish to act and how you wish to appoint them and a procedure must be followed to register the completed document with the Office of the Public Guardian.


Only you can decide to make a Lasting Power of Attorney, it is not something that someone else can ‘get’ over you.  If you become too unwell to give instructions and properly understand the document no one else can do it on your behalf.  This is why we recommend that when planning your retirement and reviewing your will you also give thought to putting this arrangement in place. If you would like to obtain advice

Oldham Marsh Page Flavell are Solicitors in Melton Mowbray.

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