Assured Legacies - Enduring Power of Attorney

Unburden Yourself

There are times in all our lives when we need someone to take care of and manage things for us.

It is universally accepted and indeed expected that as children our parents or guardians will look after all our needs. They will ensure that we are fed, clothed, nursed, nurtured and kept safe and secure.

Then we grow up and everything changes.

All of a sudden unless we are breaking the law we can do what we like. We have full responsibility for managing our money, our property, our lifestyle and even our wellbeing. We have complete control over our decisions whether they are right or wrong, we are masters of our own destiny and self evidently this is the way it should be.

This is what we would probably all define as 'normal life' but what happens when something out of the normal happens? What happens if we are involved in an accident or contract a disease that affects our mental capability? Even more likely with advances in medical science keeping us alive longer and longer what happens as old age eccentricity evolves into senility or Alzheimer's disease?

Unless we have made plans for this eventuality the answer is nothing happens. Provided that we are not classed as a threat to ourselves or to others and are consequently sectioned under the Mental Health Act 1983 the law says that we still have full responsibility for managing our money, our property, our lifestyle and our wellbeing.

Unfortunately the sad truth is we will have become possibly more vulnerable even than when we were babes in arms. We now have assets that the unscrupulous can't wait to get their hands on as they prey on the helpless and unprotected.

The only way round this is, before you reach that stage, to nominate a trusted friend or relative to manage your affairs should you become mentally incapable by appointing them to act as your attorney under the Enduring Powers of Attorney (Prescribed Form) Regulations 1990.

The powers given can be general e.g. all property and affairs or limited to specific assets and can be withdrawn by the donor at any time before the powers have to be registered with the Court of Protection which is normally when the donor has become mentally incapable of handling their own affairs.

It is never too early to draft this document as we never know when illness or an accident will strike and unless otherwise specified the power can also be used as a normal Power of Attorney should we require someone to manage our affairs for instance if we are physically incapable perhaps recuperating after an operation or even away on business for a long while.

We at Assured Legacies Ltd would be happy to discuss this subject in greater detail with you either on the phone or in the comfort of your own home at your convenience.