Powers of Attorney and Court of Protection

As much as we would not wish to consider it, sometimes our nearest and dearest suffer a mental incapacity which means that they can no longer manage their own affairs. Such situations are distressing to their family. Matters are made worse in that to deal with their affairs, you may have to apply for a Court of Protection Order which is a lengthy, complicated and expensive procedure. Such distress can be lessened by putting in place, in advance, a Lasting Power of Attorney to deal with Property and Affairs or Personal Welfare or both. When properly prepared and granted, these enable a family to deal with the affairs of the person as soon as they lose mental capacity without the need of applying for a Court of Protection Order.

Lasting Powers of Attorney are lengthy and complex and you need to be fully advised with regard to the legislation and the procedure and guidlelines relating to the same. Other than appointing an Attorney under the Power and also giving details, if required, of other persons to be notified in the event of the Power being used, it is also a legal requirement that each Power of Attorney has a Certificator who certifies that the guidelines procedure of the Power has been complied with. Without this, the Power of Attorney is not effective. As well as preparing the Lasting Power of Attorney for you, we can stand as Certificators.

Older people are clients who seek the same legal services as younger clients. When applying the law, it is inappropriate to identify or classify people by age or the description “elderly”. We respect the views and experience of older people and recognize their autonomy and independence. However it is our experience that our elder clients often have requirements which are not met by other clients. Dealing with older clients requires an understanding of the problems that they may face and may present to others in particular the implications of the decline in physical ability or mental capacity. Such decline leads to dependence on others and can result in vulnerability and therefore we have a duty and role in protecting and empowering our elderly clients. Accordingly, we have a department at our offices dedicated to our older clients and their specific legal needs and requirements. Our services cover Estate Planning and Asset preservation advice. Our office provides easy access to car parking and disabled facilities. If required, we can in most cases, arrange home visits.

Contact Powers of Attorney and Court of Protection Team

Email Joanne Turner

Email Kim Smith

Email Rita Smith

    Lexcel Accreditation Law Society Accreditation Solicitors and Legal Executives of Rowland Tildesley & Harris qualified only to advise on English Law and in the jurisdiction of England and Wales.

Rowland Tildesley & Harris is a partnership Authorised and Regulated by the Solicitors Regulation Authority under number 56607.   Solicitors Code of Conduct

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