Power of Attorney

Bartletts Solicitors have been trusted by clients for over 150 years. The Chester office was opened in 1946. We’re proud that our solicitors have been a first choice for many generations of families in Cheshire, North Wales and Merseyside.

This experience and continuous presence means that we are well-placed to give advice and support on matters pertaining to Power of Attorney. By granting Power of Attorney you’re giving individuals complete responsibility for and control over your affairs so it is imperative that you take specialist advice beforehand.

Why might I need a Power of Attorney?

Life is full of uncertainties so it’s wise to have plans in place should something go wrong and you are unable to make decisions for yourself. This could be in the event of an illness or accident or getting older and everyday tasks are getting harder to deal with. A Power of Attorney can also be used to allow another person to make decisions on your behalf if you intend to spend long periods abroad and need matters at home to be dealt with in your absence.

Lasting Powers of Attorney

If you give a person Power of Attorney you are appointing him or her to make decisions on your behalf in relation to your property, finances, health and welfare. You can only do this while you are in sound mental health. Often an ageing parent may delegate Power of Attorney to an adult child to ensure that the parent’s wishes are carried out in the event of them losing the mental capacity to make their own decisions. Alternatively, spouses may grant Power of Attorney to each other in the event of an accident or illness. Rest assured decisions can only be taken on your behalf when the Lasting Power of Attorney has been registered with the Office of the Public Guardian and you’re unable to make the decisions yourself.

The experienced team of solicitors in our specialist department can help you with the following:

• The decision about who should be your attorney and have Lasting Powers of Attorney
  over your estate and future well-being
• Help to ensure your attorney is properly registered at the Office of the Public Guardian
• Deciding whether any conditions should be attached to your Lasting Power of Attorney
• We’ll advise your attorney of their role, responsibilities and duties to you
• We’ll help you to prepare a separate letter of wishes
• Provide an independent audit as reassurance in the event of family conflict
• We can offer that a suitably qualified Partner in the firm take on the role of Attorney.

The advantage is that he/she is qualified and insured in case of error
Our experts deal with each case sensitively and on an individual basis, ensuring that you understand the process thoroughly.

If a Power of Attorney is not in place and the person concerned is not capable of making any financial decisions, we can also guide you through the legal process of becoming a Deputy by applying to the Court of Protection and a suitably qualified Partner can offer to take up the role of Deputy as in the case of Attorney.
Court of Protection

It can be stressful for family and friends if someone becomes mentally incapable and is unable to deal with their own financial affairs. If a Power of Attorney has not been prepared a Deputy must be appointed by the Court of Protection.

At Bartletts in Chester we have a wealth of experience in this sensitive area of law and are able to support and guide you through the process of application to become a Deputy. We’ll also advise you about managing the individual’s finances. This might include asking the Court to intervene in matters such as the sale of an individual’s property or the execution of their Will.

For further information or advice about Powers of Attorney please email advice@bartletts.co.uk