If you want your partner to have the power to make decisions for you in the future, or vice versa, it is important to consult a legal service provider. Here is some basic advice and guidance to help inform your choice of legal expert.
A power of attorney is a legal document that gives someone else authority to act on your behalf in certain situations.
There are two different types: a lasting power of attorney and ordinary power of attorney. A lasting power of attorney allows a person to deal with your health and welfare decisions and/or your financial affairs. It must be registered before it can be used. An ordinary power of attorney is normally limited to financial matters and is often used when someone is abroad for a long period of time. A legal services provider will be able to give you expert advice on the best options available to you.
No. Your partner will not automatically be able to deal with your affairs unless there is a power of attorney in place. If you lose your mental capacity without having a power of attorney in place, your partner may have to apply to court to get the right to handle your affairs. It is important to get expert advice from a legal service provider to avoid this situation.
Power of attorney for a couple gives one partner the ability to make decisions for their spouse if they lose mental capacity. This is particularly important if it is necessary for both parties to sign or agree to something before a change could be actioned, such as changing a joint bank account or mortgage deed.
It is worth considering a number of factors when choosing a legal expert to assist you with making a power of attorney. You may wish to consider factors such as the location, reputation and cost of a firm before making your decision.
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