Powers of Attorney Cardiff

Let’s define

The term ‘power of attorney’ means legal permission that gives an appointed person the power to act for someone else. Such a person (or ‘agent’) can be given broad (or lasting power of attorney) or limited authority to act for a certain period.  The two primary types of POAs are for financial matters or medical care.  

A medical power of attorney gives the agent the right to act on your behalf due to your mental or physical incapacity. For example, the agent may need to make decisions about your daily routine (washing, dressing, or eating), medical care, moving into a care home or life-sustaining treatment. Such a person may also need to pay bills, carry out banking transactions, deal with government or retirement benefits, and more.

A financial power of attorney can be permanent or a temporary situation. For example, someone working overseas may set a POA for their affairs at home while they are away. You may need someone to represent you in a real estate closing in another city. Perhaps you are in hospital and only need someone to pay bills for a limited time.  

However, power of attorneys is most commonly established when someone is elderly or faces a long-time, severe health crisis.

When to get a medical power of attorney in place

The best time to obtain a POA is when your loved one can still legally agree to it. This way, the documents and control can be set up while considering the person’s wishes, and everyone will be happy with the decision in the long run. It is possible to get a Court of Protection Order if someone no longer has capacity, but the process is much more difficult. It can be stressful and expensive and lead to disagreements within families.   Whatever your situation, we can help.  Get in touch with Robertsons Solicitors for support around Power of Attorney in Cardiff. You should also consider ensuring your Will is up-to-date when drafting your POA.

Welsh Rugby International Ellis Jenkins on planning for the future

Power of Attorney FAQs

First, choose someone you trust to handle your affairs when you cannot.  It is possible to select more than one person.  Make sure you have their full names, addresses and dates of birth.

Decide what the agent can do on your behalf and in what situations. For example, some people choose to establish a POA that only comes into effect when they are no longer capable of doing anything for themselves.

Fill in the power of attorney forms to appoint the relevant persons and register with the Office of the Public Guardian after paying the set fee. More information can be found on the Government website.  Should you find the prospect daunting, Robertsons Solicitors can help.

Decide if you want your family or friends to know about the power of attorney.

After about three months, you’ll receive a stamped copy of the power of attorney for your records.

The person you choose to act as your power of attorney must support you in making your own decisions and consider your wishes and feelings.   Such a person must make all decisions in your best interests.  The idea is not personal benefit but a duty of care.

If you (or someone near you) suspect all is not what it seems to be, the agent can be referred to the Court of Protection.  Contact us at Robertsons Solicitors for advice in this sensitive situation.

As long as you still have mental capacity, you can cancel a power of attorney anytime. However, should you have lost the ability, the Court of Protection will evaluate the situation on your behalf.

Using a solicitor in the process is not mandatory, but you may want to use someone if you find the process daunting.  At Robertsons Solicitors, we have years of experience helping clients in this regard.  Speak to us if you are unsure of the process to follow or have concerns about your current power of attorney.

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