Asking Someone to Manage Your Affairs

What happens if you are unable to look after your own financial affairs, or you no longer want to? How about if you find it difficult to get to the bank, or struggle to read your statements.

You might decide that you would like someone else to look after some or all of your affairs and if so, you probably want to appoint a Lasting Power of Attorney.

This is not a decision to be taken lightly. By appointing someone as your power of attorney you are giving them significant power over your financial affairs and possibly your welfare too. In many cases they will be able to make decisions such as whether to sell your home, sometimes without consulting you. Welfare attorney’s may be asked to make decisions about medical treatment on your behalf.

You need someone who you trust to always act in your best interest such as a close family member or friend. You need to make sure that they understand the responsibility of the role they are taking on.

What happens if the person concerned no longer has capacity?

Many people who require care do so because they suffer from dementia and can no longer make decisions for themselves. If you are concerned about such a person and wish to represent them and manage their affairs you need to apply to the court for a deputy order.

I already have an Enduring Power of Attorney. Can I still use it?

Providing your Enduring Power of Attorney was signed by all parties prior to 31st October 2007 it should continue to be valid. In some circumstances it may need to be registered at the Court of Protection.

I have a General Power of Attorney. Is that sufficient?

Yes and no...a General Power of Attorney (GPA) is an important document and gives your attorney significant powers over your affairs. However, if you were to lose capacity at some point in the future the powers would cease and you would be in the same position as if no GPA had been made. See the section on Deputy Orders above.

Where would you like to go now?

Lasting Power of Attorney

Deputy Order

Enduring Power of Attorney

General Power of Attorney

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