Powers of Attorney and Court of Protection
If the time comes when you cannot make important decisions about your finances, property, health, or care, having the right legal arrangements in place can make a world of difference. At Martin Shepherd Solicitors, we help individuals and families in Potters Bar, Hertford, and North Finchley prepare for the future or take action when no plans exist, always with care, clarity, and respect.
How We Can Help
Planning for the future or managing someone else’s affairs can be an emotional and complex process. We offer clear, supportive guidance to help you make arrangements that reflect your wishes or assist a loved one who is no longer able to decide for themselves.
Whether you are planning ahead or responding to an urgent situation, our solicitors can help you navigate the legal process with confidence.
Understanding Powers of Attorney & Court of Protection
Powers of Attorney and the Court of Protection both allow someone to act on behalf of another person, but they work in different circumstances. A Power of Attorney is arranged while you still have capacity, while the Court of Protection steps in if no such arrangements are in place.
Ordinary Power of Attorney
An Ordinary Power of Attorney allows you to appoint someone you trust to manage your financial affairs for a set period or purpose. This is often useful if you are unwell or abroad for an extended time. It can be cancelled at any point, but it automatically ends if you lose mental capacity. This makes it most suitable for temporary or short-term arrangements where you can still oversee the decisions being made on your behalf.
Lasting Power of Attorney
A Lasting Power of Attorney (LPA) remains valid even if you later lose the capacity to make decisions. There are two types: one covering health and welfare decisions, and one covering property and financial matters. Creating an LPA ensures that your chosen attorney can step in without delay, giving you peace of mind that your wishes will be followed even if circumstances change unexpectedly.
Court of Protection Applications
If someone can no longer manage their affairs and has no valid LPA in place, the Court of Protection can appoint a Deputy to make decisions for them. This process can be complex and time-consuming, involving medical evidence and detailed forms. We provide guidance at every stage to make the application process as straightforward and stress-free as possible for you and your family.
Deputyship
A Deputy appointed by the Court of Protection is legally responsible for making decisions in the best interests of someone who lacks capacity. This may include managing bank accounts, paying bills, overseeing property matters, and arranging care. Deputies must follow strict legal duties and reporting requirements, and we can provide ongoing advice to help you meet these responsibilities effectively.
Emotional and Practical Support
We understand that appointing someone to manage your affairs or stepping in to help a loved one can feel daunting. These decisions are deeply personal, and we take time to listen to your concerns, answer your questions, and provide reassurance throughout the process.
Alongside emotional support, we offer practical, step-by-step guidance to help you understand your options, prepare the necessary paperwork, and meet all legal requirements. Our aim is to make a complex process as clear and manageable as possible.
Above all, we are here to put your needs first.
Local, Trusted Solicitors
We are proud to serve our local communities with a personal and approachable service, building lasting relationships with the individuals and families we support. You will always be treated with dignity, kindness, and respect.
Our offices in Potters Bar, Hertford, and North Finchley are here to provide you with expert advice and representation, helping you make informed decisions and protecting your best interests at every stage.
Take the First Step Today
If you would like to arrange a Power of Attorney or need advice on the Court of Protection, our friendly team is ready to help. We will explain your options clearly and guide you through the process from start to finish.
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