Clough & Willis Solicitors, Commercial and private legal services UK

Powers of Attorney & Deputyship Applications

 

Becoming physically or mentally incapable of looking after your own affairs can cause problems for both for you and your family unless you plan ahead.

Powers of Attorney 

None of us like to think that we will ever be in a position where  we are physically or mentally incapable of looking after our own affairs but with an ageing population it is highly probable that most of us will need help to manage our affairs at some point in our lives . 

By planning ahead and creating a Lasting Power of Attorney, you can appoint someone you know and trust to take control of, or assist you with, your financial or personal welfare decisions if you lose the capability to make decisions for yourself.

Lasting Powers of Attorney replaced Enduring Powers of Attorney in October 2007. There are two types of Lasting Powers of Attorney, one for financial affairs and the other for health and welfare decisions. A Financial Affairs Lasting Power of Attorney gives your Attorney authority to deal with your finances, pay your bills, decide how your financial affairs are managed and even assist in selling your house if required. Such documents are extremely valuable if you ever lose the ability to deal with your own affairs, whether temporarily or permanently.

A Lasting Power of Attorney for Health and Welfare gives your Attorney the authority to make decisions with regard to issues such as where you might live if you require residential or nursing accommodation, who is able to visit you and decisions about  life sustaining treatment or the decision to accept or decline particular medical treatments. 


Deputyship Orders

If  an individual does not have sufficient capacity to create a valid Lasting Power of Attorney, an application will need to be made to the Court of Protection so that a "Deputy” can be appointed to take control of their affairs.

It is possible for a friend, relative or solicitor to make an application to the Court of Protection for a Deputyship Order giving them  authority to manage your financial affairs as an Attorney would do. If you have not created a Lasting Power of Attorney and a Deputyship order is required, you will not have any say in who is appointed to act on your behalf.

The application process to obtain a Deputyship Order is complicated and time consuming and specialist advice is recommended before taking action. 

For an informal, no obligation discussion to consider your personal requirements please contact a member of the Private Client team.

For more information on how Clough & Willis can help contact Sally Cook, sally.cook@clough-willis.co.uk, Karen Yates  karen.yates@clough-willis.co.ukRebecca Green, rebecca.green@clough-willis.co.uk, Howard Burns howard.burns@clough-willis.co.uk; or probate@clough-willis.co.uk




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The contact for my name change and divorce was Marie Whittaker who again was completely professional and gave me complete confidence from out first meeting. My divorce proceeded smoothly, quickly and efficiently. I was updated regularly by letters and phone calls.

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Chris Wright Recycling
H Chris Wright


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Alex Docherty,
Director Sound Reduction Systems


Throughout the whole process, Clough & Willis kept me well informed and my stress levels to non-existent. I felt completely looked after with the team taking care of my best interests, I felt they had complete control and it was very reassuring.

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From first contact to the last, everyone has been very professional and reassuring through what has been an emotional and stressful time for us and without the help of your company it would have been much more difficult for me and my husband.

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I was very impressed with your firm at the outset when I first called in November 2009 after my uncles death. All staff from the receptionist and secretary through to the Partners were professional, friendly and helpful and provided the best response out of the 3 Bury firms I called.

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Clough & Willis are very understanding and made me feel valued, they showed me respect knowing I was albeit apprehensive of dealings within the legal profession and their workings

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Besides being professional Clough & Willis are also friendly and kind, making one feel relaxed able to communicate easily about the business in hand which they see to efficiently keeping in contact continually. Thank you for all you did.

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Mr M Booth


I have dealt with Clough & Willis for years since we moved to the area from Manchester and both my husband and I always appreciated your helpfulness and professionalism. Thank you

Theresa Moreen Woolley


Lorraine, I would just like to say "thank you very much" for all your hard work and assistance in the letting of the above property. The negotiations were somewhat protracted, due to a breakdown on my client's side, and I feel that your persistence and hard work led to the eventual lease completion. I look forward to working with you in the near future. Kind regards, Neil Higson, for and on behalf of Nolan Redshaw Ltd

Nolan Redshaw Chartered Surveyors


We have been impressed with the friendly professionalism of all staff, Rebecca Green has been wonderfully helpful, thorough, patient, kind and supportive. Her reassuring guidance has made some very sad and difficult times easier to bear. We hope Rebecca receives recognition for her excellent service.

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