Power Of Attorney
Wills & Estate Planning
Need help making and registering an enduring or general power of attorney?
Navigating the complexities of legal documentation can be challenging, especially when it involves appointing someone to make significant financial decisions on your behalf.
At Burgess Thomson, a premier legal firm based in Newcastle, we specialise in providing comprehensive Power of Attorney services tailored to meet your unique needs and circumstances. Our expertise ensures that your financial interests are safeguarded, giving you peace of mind for the future.
How Burgess Thomson Can Help with Power of Attorney
A Power of Attorney is a legal document that grants another person the authority to make financial decisions on your behalf. This can include actions such as selling your property, managing your bank accounts, and handling your investments. It becomes especially crucial in situations where you may be unable to make these decisions yourself due to illness or absence.
Enduring vs. General Powers of Attorney
Understanding the difference between an Enduring Power of Attorney and a General Power of Attorney is essential in making informed decisions about your financial wellbeing:
- Enduring Power of Attorney: This type of Power of Attorney remains valid even if you lose mental capacity due to illness or injury. It ensures that the person you have nominated can make decisions on your behalf, providing continuous management of your affairs during difficult times.
- General Power of Attorney: This ceases to be effective if you lose mental capacity. It is typically used for specific transactions or for a set period when you are unable to manage your affairs, such as being overseas, or for a specific reason such as to bid at an auction on your behalf.
At Burgess Thomson, we can guide you through the process of choosing the right type of Power of Attorney based on your circumstances. We also assist with the witnessing and registration of these documents to ensure their validity and legal recognition.
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Why Choose Burgess Thomson for Your Power of Attorney?
Selecting the right legal firm to handle your Power of Attorney is crucial. Here’s why Burgess Thomson stands out:
- Expert Guidance: Our legal professionals have extensive experience in drafting and advising on Power of Attorney documents. We provide clear, personalised advice to ensure your financial affairs are managed according to your wishes.
- Family Consultation: We understand the importance of family dynamics in these decisions. Burgess Thomson encourages open discussions with your family to prevent unnecessary conflict and stress, ensuring that everyone understands your choices.
- Witnessing and Validation: Our services include witnessing your Power of Attorney documents, a crucial step in ensuring their legality and effectiveness.
- Comprehensive Support: From initial consultation to the final registration of your Power of Attorney, Burgess Thomson offers end-to-end support. We’re dedicated to making the process as smooth and stress-free as possible.
Entrusting someone with the authority to make financial decisions on your behalf is a significant step. With Burgess Thomson, you gain a partner committed to safeguarding your financial interests through expertly crafted Power of Attorney services.
Contact us or request a quote to learn more about how our skilled team in Newcastle can help you make and register a power of attorney.
Common Questions & Answers
Who can make a Power of Attorney?
- Anyone over the age of 18 who has the capacity to understand the nature and consequences of the document, who makes the decisions in the document of their own free will and who can communicate clearly what those decisions are.
When should I make a Power of Attorney?
- Before you need one! These documents safeguard your interests in the event of something unforeseen – an accident or illness that robs you of your capacity to make decisions for yourself. It is better to be prepared and confident in knowing that the person you choose will be making important decisions about your money, your living arrangements and your health.
- You can choose when you want it to start. If you don’t make it clear when you want it to start then it will commence when your attorney signs the document to accept their position.
Who should I appoint to be my Attorney?
- You need to appoint someone you trust to make the right decisions. You can appoint more than one person if you wish, and you can specify exactly how they make their decisions – jointly or separately. For a Power of Attorney, make sure that the person you appoint has the necessary skills to deal with your finances.
- They are legally responsible to you and must act in your best interests. While you have mental capacity, they must obey your instructions. They cannot give gifts to themselves or to anyone else unless you specifically authorise this and they must keep their finances and money separate from yours, keeping accurate records of all of their dealings with your money.
- Yes, as long as you still have the decision-making capacity to do so you can revoke or change these documents. This has to be done in a legally binding way, however, so please seek legal advice.
