What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a way or giving someone you trust (your attorney), the legal authority to make decisions on your behalf. You can allow your attorney to make all decisions on your behalf or you can specify the types of decisions they can make. All decisions can only be made after registration and must be made in your best interest.
There are two types of Lasting Power of Attorney:
- Financial Decisions: Selling your home, paying mortgage/bills, managing finances.
- Health & Care: Where you live, medical care, life sustaining treatment.
What is Court of Protection?
When an individual no longer has full mental capacity and there is not a registered Lasting/Enduring Power of Attorney in place, an application can be made to the Court of Protection to become a court appointed Deputy to make ongoing decisions on behalf of the individual.
There are two types of Court of Protection:
- Property & Finance: Selling your home, paying mortgage/bills, managing finances.
- Personal Welfare: Where you live, medical care, life sustaining treatment.
What is Probate?
When someone dies and leaves a will which includes property, money and possessions (their estate) an executor will need to apply for what is known as a Grant of Probate (if no will, letters of administration). The responsibility of the executor is to realise any assets of the estate including; property, shares, investments and monies left in bank accounts.
The executor is required to pay any outstanding bills and then distribute the remainder of the estate in accordance with the will.