Powers of Attorney give others the right to speak up for you and make decisions. While you still have “capacity”, it does not take away your right to do so. However, if you lose capacity, it can be critical to have them.

There are two types, i.e.-

1. Property and Financial Affairs. This deals with money and property.
2. Health and Welfare. This covers decisions about you, such as where you live and what treatment you receive.

Somebody needs to be your “Certificate Provider” and certify you know what you are doing when entering into the Powers .

Points to consider include

• How many Attorneys you have. If more than one  more than one Attorney but need to specify whether their authority is “joint and several” in which case either Attorney can take decisions  or “joint” when you all have to agree.
• Whether you wish to appoint replacement Attorneys
• If you want to add in Preferences or
• Within the “Health and Welfare” Power whether you  do or do not agree to the Attorney having a say in life sustaining treatment.

We can explain and advise on such points.

If you do not have a Will, the Intestacy Rules state who has it and how much.

For example if you are married with children the surviving spouse receives assets up to the value of £270,000 and all the personal possessions but only ½ the rest of the estate. The other half is  divided equally between the surviving children.

A Will allows you to say who has what rather than letting the Rules of Intestacy take over. Within the Will, you can make gifts of money or chattels to individuals or to charities.

You can also: –

1. Appoint a guardian.
2. Stipulate at what age young beneficiaries inherit.
3. Provide for your pets.

Please contact us for more information or guidance.