A power of attorney is a legal document that gives someone else the power to manage other's financial affairs; this is a blessing if something happens leaving an individual unable to manage their own affairs.

Originally, any power of attorney was automatically revoked the moment that the person who had granted the power lost the ability to manage their own affairs. Of course, this was exactly the time that the power of attorney would have been most useful.

Thankfully, the law changed in 1985; since then it has been possible to create what is known as an Enduring Power of Attorney (EPA) which gives the person named power to manage another's financial affairs, either immediately or (subject to a registration procedure) after they have lost the ability to do so themselves.

Because our Mental Incapacity team has extensive experience of dealing with issues such as these, when preparing wills they invariably advise clients to also sign an enduring power of attorney.

The firm's partners frequently act as attorneys for clients. We offer advice on an attorney's powers to act, and deal with applications to the Court of Protection in connection both with lifetime tax planning and gifts, and the preparation of court-approved (statutory) wills.