TAKE ME! - Estuary LIFE Magazines

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12 For advertising call Karen on 01206 386666 or 01621 854333 or email karen@estuarylife.co.uk | web: www.estuarylife.co.uk
Legal Matters By Bawtrees LLP When should I make a Lasting Power of Attorney? Just recently I was contacted by the daughter of an elderly mother who was enquiring how she could legally assist with her mother’s affairs. The mother’s physical and mental health had recently taken a turn for the worse and there were various issues that needed addressing. This is not an unusual situation and is one that I often see. On this occasion I was able to obtain a Lasting Power of Attorney so that the daughter could take care of her mother’s affairs. However, it was made more diffi cult by the mother’s poor health and the daughter was unable to do anything for three months whilst the Offi ce of the Public Guardian processed the application. Occasionally it is too late to obtain a Lasting Power of Attorney. In order to grant a Lasting Power of Attorney the person making the Power of Attorney (the donor) must have mental capacity. If the person no longer has mental capacity it is necessary to apply to the Court of Protection for the power to assist. That process usually takes six to eight months and is more expensive than the process of applying for a Lasting Power of Attorney. In answer to the original question, I would recommend that this issue is considered as early as possible, whilst the donor still has good physical and mental health. All Powers of Attorney made after 1st October 2007 must be registered at the Offi ce of the Public Guardian before they can be used by the Attorneys. Donna Smy is a solicitor at Bawtrees LLP in Witham specialising in Wills, Probate and Lasting Power of Attorneys. Established 1875 A Trusted, Professional and Personal Service RECENTLY BEREAVED ? Do you need friendly advice about what to do next? Call us to arrange an appointment for a 30 minutes FREE consultation Home visits can be arranged • Buying & Selling a Business • Commercial & Residential Property • Company & Commercial Agreements • Debt Recovery • Employment & Family Law • Landlord and Tenant • Litigation • Personal Injury • Wills, Probate & Trusts 65 Newland Street, Witham CM8 1AB T: 01376 513491 F: 01376 510713 mail@bawtrees.co.uk www.bawtrees.co.uk Contact d.smy@bawtrees.co.uk Telephone 01376 513491 For editorial call 01206 386666 or email editor@estuarylife.co.uk | Design/Web enquiries to designdesk@estuarylife.co.uk 13
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