Attorneyship and the Court of Protection
Mental incapacity can affect anyone and can arise as a result of sudden events that cannot be anticipated. It is also a gradual process related to illness or sometimes of old age. It is vital for individuals to be prepared for the possibility of mental incapacity.
Winckworth Sherwood can assist with the drafting and advising on Lasting Power of Attorney documents introduced by the Mental Capacity Act 2005 on 1 October 2007. If there are specific concerns about any medical treatment, these can be addressed by an Advance Decision, which has been given a statutory footing by the 2005 Act.
In particular we can assist with:
- registration of Enduring Powers of Attorney (created before 1 October 2007)
- preparation of Personal Welfare Lasting Powers of Attorney
- preparation of Property and Affairs Lasting Powers of Attorney
- registration of Lasting Powers of Attorney with the Office of the Public Guardian
- advice to attorneys as to duties under registered powers of attorney
- advice regarding deputyship where no power of attorney exists
- dealings with the Court of Protection
- advice regarding an Advance Decision and in particular whether an Advanced Statement or an Advance Refusal is required




