Cris Reynolds

  • Are There Different Types Of Lasting Powers Of Attorney?

    Yes, there are two types. The first gives a person the authority to manage property and financial affairs, while the second allows them to make decisions on health and welfare matters.

    Depending on what decisions you want someone to be able to make on your behalf, you can choose to register either or both of these. The reason for having the two types of Lasting Powers of Attorney is that you may want one person to make the decisions about your finances, and another to take care of your health and welfare – it gives you that choice.

  • How Do I Make A Lasting Power Of Attorney?

    If you want someone else to act on your behalf should you become unable to make your own decisions due to mental incapacity, there are a number of forms to be filled in which are then sent to the Office of the Public Guardian to be registered. This office will then check that the forms have been correctly completed before they become legally effective. It can take several weeks for this process to be completed, so if you have concerns about your deteriorating mental condition it is always best to start the application process sooner rather than later.

  • When Can I Make A Lasting Power Of Attorney?

    Any time you like so long as you have mental capacity to do so and understand the decision you are making. Many people choose to do so quite young in their lives simply for the peace of mind of knowing it is safely in place.

  • Who Should I Choose As An Attorney?

    Anyone you trust to always act in your best interests, who is over 18 and who is also mentally well. People usually choose a close friend or family member, but some prefer to choose a solicitor.

  • Can I Have More Than One Attorney?

    Yes, and you can decide whether they must make their decisions together or whether they can make their own decisions separately. This is something to chat through with your solicitor to make sure that your wishes are properly set out in the Lasting Power of Attorney.

  • What Is The Court Of Protection?

    This is the Court that helps people who are mentally incapable of making their own decisions. It does this by making decisions for them about their money, property, health or welfare. If someone you care about is no longer able to make their own decisions because of mental incapacity, you can apply to the Court of Protection for permission to make decisions for them. When the court gives these powers to someone else, they are then known as a Deputy.

  • How Can I Apply To The Court Of Protection?

    There are a number of forms that need to be filled in, and a doctors certificate will often be required which states that the person can longer make decisions for themselves.

    It is really important for the forms to be filled in properly as even the slightest error or query will result in them being sent back. The forms require very detailed information and it can take a long time to fill them out, so it’s also important that you know exactly what powers you will need to apply for. This will vary depending on whether you need to manage a person’s finances, their healthcare, or even other aspects of their lives.

  • Can I Make An Application In An Emergency?

    You can make an urgent application if someone might lose a lot of money, or suffer physical or mental harm, if the application is not dealt with quickly. The process is slightly different to a standard application.

  • Who Can Be A Deputy?

    Any responsible adult over the age of 18 can appointed as a Deputy. It usually is a friend or a member of the family, but it could also be a solicitor, especially if the finances to be managed involve significant amounts of money.

  • What Does A Deputy Do?

    This will depend on what decisions the court has given the deputy authority to deal with, such as finances, property, health or wellbeing, but in all cases a deputy must:

    Make decisions that are in the best interests of the person.
    Only make decisions they are unable to make for themselves, and that the Court has said they can.
    Always act in accordance with the Mental Capacity Act 2005 Code of Practice.
    Make decisions with a high degree of care.

  • Should I Keep A Record Of My Actions As A Deputy?

    Yes. The Court may ask for regular reports on the decisions a deputy has made and the reasoning behind them, so you need to be able to provide that information. If you have made decisions such as selling a persons’ home to pay for their care home fees, you should keep all the related paperwork as well as notes on everything you did.

The matters I specialise in are:

Lasting Powers of Attorney
Court of Protection Applications and Deputyships
Statutory Wills
Contesting a Will
Advice upon State Benefits
Care Home Fees

Cris reynolds

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