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Martin Searle Solicitors

Power of Attorney


What is Power of Attorney?

No-one likes to imagine a time when they or a loved one are unable to manage their affairs. But if this happens you will need someone you trust with a legal Power of Attorney to make decisions on your behalf about the practical and legal issues affecting your future. Planning for that can make the situation as straightforward as possible for your family and friends.

It may be useful to refer to our list of Abbreviations Used in Community Care Law and Abbreviations Used in SEN and Disability Law.

Obtaining Power of Attorney

A Lasting Power of Attorney is the legal document giving your chosen attorney the authority to make decisions on your behalf at a time when you no longer wish to or lack the mental capacity to do so. It is important that this document makes your instructions clear to your attorney and other relevant parties. Power of Attorney solicitors will help ensure the process of drafting and obtaining Power of Attorney is as straightforward as possible.

A specialist Power of Attorney solicitor will ensure the Lasting Power of Attorney sets out your intentions as clearly as possible using carefully worded preferences, conditions and guidance. This will make sure that the document is not rejected by the Office of the Public Guardian when you apply to register and activate the Power of Attorney, keeping the process as simple as possible.

Registering Power of Attorney

If you are registering a Power of Attorney for a relative or friend, we can help you understand the process. If they do not have Mental Capacity to make a Lasting Power of Attorney and did not make an Enduring Power of Attorney, we can help you apply to the Court of Protection to be appointed as their Deputy. This can be a lengthy and costly procedure which is why it is better to have a Lasting Power of Attorney in place. Without it your family will have difficulty dealing with your financial matters and may have little say in your care and treatment.

To find out how our team of specialist community care lawyers can help you, contact us today on 01273 609911, or email

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