We set up Powers of Attorney and give ongoing advice to Attorneys with regard to their role and responsibilities.  Our experienced solicitors also act as Attorneys for a number of clients.

What is a Power of Attorney?

There are two types of Power of Attorney.

  • Continuing Power of Attorney  –  the Attorney makes decisions regarding financial and property matters.
  • Welfare Power of Attorney –  the Attorney makes decisions relating to health and welfare.

Why should I grant a Power of Attorney?

In an ideal world, every adult would have a Power of Attorney.   It is an excellent means of forward planning and puts the client in control of the process  – the client decides who should take actions and make decisions on his or her behalf.

Who can be appointed as Attorney?

It is quite possible to appoint the same Attorney to cover both continuing and welfare matters.  The choice of Attorney is crucial:  the Attorney must be willing and able to accept the responsibility of operating a Power of Attorney and must be someone whom the client trusts fully to make appropriate decisions.  The Power of Attorney document lists the various powers which the Attorney is to have.  It is registered with the Office of the Public Guardian in order to bring it into force.  Many of our clients appoint family members or friends as their Attorney but a significant number of clients choose to appoint one of our experienced solicitors to be Attorney for them.

When will the Power of Attorney be used?

The financial powers can be drawn up in such a way that the Attorney can help with  finances even though the client still has capacity to make decisions for himself or herself.  The welfare provisions are different.  The welfare Attorney will only be able to make decisions regarding a client’s personal health and welfare if he or she is no longer able to make those decisions personally.

Why should I instruct Campbell Smith to deal with my Power of Attorney?

Our private client solicitors and Client Welfare Manager have considerable expertise in this area including giving initial advice as to the choice of Attorney;  providing ongoing help and support to Attorneys in carrying out their duties; and acting as Attorneys for some clients.  Operating a Power of Attorney involves a lot of responsibility.   Attorneys sometimes have to make difficult decisions in situations where they have very little experience.  We however encounter those considerable difficult situations on a daily basis and have the  expertise and understanding to advise and guide the Attorney.

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