Miles Herman is a clever, understated lawyer who is at the top of his game.
Power of Attorney is the granting of legal authority to a third party to make decisions on the grantors behalf in the event they temporarily or permanently lose mental capacity to make their own decisions or communicate their decisions.
Examples of Power of Attorney are where a Living Will is established by a person anticipating terminal illness and Power of Attorney is handed over to a trusted family member. A further example is where an individual is receiving treatment in hospital for a prolonged period of time.
A person lacks mental capacity where they cannot understand the decision they are making or the implications of it. Where Power of Attorney is concerned, these most commonly concern finances and healthcare decisions. Depending on whether or not mental capacity is temporary or permanent determines whether ordinary Power of Attorney or Lasting Power of Attorney (LPA) is needed.
An ordinary Power of Attorney is appropriate where a person is temporarily without capacity, such as going through an operation or procedure in hospital.
If capacity is anticipated to be permanently lost, due to illness or age, an LPA establishes Power of Attorney on a permanent basis. It must be noted that the person must have capacity to enter into the LPA in the first place.
An LPA for financial affairs will normally cover the purchase and sale of property, settlement of mortgages and debts and maintaining property.
Where an individual anticipates becoming terminally ill or is undergoing risky medical treatment, they may wish to make a Living Will that expresses their wishes as how to be cared for if they are no longer able to indicate their preferences, known as advance statements, or in some cases they may wish that life support not be administered through a legally binding advance declaration. Power of Attorney will normally be granted to a trusted family member who makes sure the preferences of the Will are adhered to.
It is important to note that advance decisions and statements can only relate to financial matters and healthcare decisions when the testator is still living. It cannot relate to distribution of an individual’s estate upon death.
Our solicitors have extensive experience in handling matters relating to trusts, HMRC and tax implications, Power of Attorney and business advice.
We offer a tailored approach that explores and addresses the personal circumstances of our clients. Contact our Power of Attorney Lawyers today on 020 7387 2032 or complete our online enquiry form.
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Miles Herman is a clever, understated lawyer who is at the top of his game.
Richard McConnell carried out conveyance for my family on 4 London flats, 1 sale and 3 purchases. In each instance he was excellent. The attention to detail and communication throughout the process was perfect. I have recommended Richard to several family members and friends who have been extremely pleased. I would have no hesitation in using Richard McConnell and Lewis Nedas in the future should the need arise.
I wanted to take the opportunity as well to thank you for everything that you have done on this case. The result that we got on Monday will have a massive positive impact not only on my life but the lives of all my family including that of my own son. I personally was struggling to hold back the tears when the sentence was being delivered by the judge and I know my father and sister felt the same too. It must be fantastic to work in a way that can have such a positive impact on people’s lives and I want you to know how much it all means to us all. Thanks a million and good luck with all that you do going forward.
Lewis Nedas advised me in a serious case of insider dealing. The lead solicitor dealing with my case was Jeffrey Lewis, who impressed me with his quick grasp of the very complex circumstances. His in-depth knowledge of how the City really works and his long experience of serious financial crime gave me great confidence. But it was also his friendly and supportive attitude, and readiness to take calls (or return them promptly if he was in court) which was very reassuring. I was delighted with the positive result of the case, and the speed and efficiency with which it was handled.
Hands on partner involvement leading a dynamic team who like to think out of the box. Results driven. Clear strategies. They can go toe to toe with the big “City” firms.
Lewis Nedas are an efficient litigation machine. If something needs to be done, they will do it. Have a real “the client comes first” attitude.
