Ashley Wilson - Power of Attorney

Power of Attorney & Living Wills

When someone loses the capacity to deal with their own affairs, it can be very distressing for them and those closest to them. If those closest are unable to assist because they have no legal authority to act, it can only add to the strain. In such a case, an application will need to be filed with the Court of Protection so that an appropriate order is obtained. The process involved is lengthy and will come at a considerable expense.

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Lasting Powers of Attorneys

Property & Affairs Lasting Power of Attorney.

Power is given to the attorney(s) so that decisions can be made about one’s property and financial affairs.

To make a Lasting Power of Attorney is a complicated and lengthy process and it must adopt a strict legal format. Once this document has been signed by everyone concerned, it must be sent off to the Office of Public Guardian for registration, otherwise, the attorney has no authority to act.

Enduring Powers of Attorney

Personal Welfare Lasting Power of Attorney.

Power is given to the attorney(s) so that decisions can be made about one’s healthcare and personal welfare. These decisions can only be taken if he or she lacks mental capacity, and may include decisions on whether to accept or refuse ‘life sustaining treatment’.

Enduring Powers of Attorneys were available up to the 1st October 2007, when they were replaced by Lasting Power of Attorneys. Enduring Powers of Attorneys made before this date remain valid but if your loved one has lost mental capacity, then the appointed attorney(s) will need to apply to the Office of the Public Guardian and register the Enduring Power of Attorney.

Living Wills

A Living Will is a legal document which sets out in clear terms what medical treatment you would or would not wish to receive if you ever became incapacitated. This document does not allow you to appoint others to make such decisions on your behalf. It is strongly recommended that you provide your GP with a copy of your Living Will so that it is placed alongside your medical records.

Our Power of Attorney & Living Wills Specialists

Tony Wilson

Margot Fisher

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Legal Updates

Kings Speech 17th July 2024 - Leasehold and Commonhold Reform

In this, the first of a series of three articles, we look at what it means for residential leaseholders and their landlords with regard to enfranchisement rights (leaseholders rights to extend their lease or acquire the freehold of their house or block) now that the Government has stated that it will implement the provisions of the Leasehold and Freehold Reform Act 2024.

The King’s Speech of 17^th July 2024 announced that the Government’s legislative programme would include draft legislation on leasehold and commonhold reform: the “Draft Leasehold and Commonhold Reform Bill.”

This implied that the Government might have in mind leaving the conservative’s legislation, The Leasehold and Freehold Reform Act 2024, on the shelf and perhaps implement a wider set of reforms and consolidate the existing law following the recommendations made by the Law Commission.

Leasehold and Commonhold Reform

In this second article in our series of three we look at what it means for residential leaseholders and their landlords following the Government’s confirmation that it will enact the remaining Law Commission recommendations around enfranchisement rights (leaseholders rights to extend their lease or acquire the freehold to their house or block of flats).

The Law Commission’s recommendations are set out in its report “Leasehold Home Ownership: Buying Your Freehold or Extending Your Lease”. The stated intention of the recommendations was to “help make our homes our own rather than someone else’s asset. They are intended to make the law work better for leaseholders”. Their report was described as a root and branch review of enfranchisement rights.

Insurance Costs Under Review: Government Publishes Response on Permitted Insurance Fees

As part of the Leasehold and Freehold Reform Act 2024, the government has proposed introducing new regulations to define what landlords and managing agents can charge leaseholders in connection with arranging building insurance.

A consultation was launched in December 2024 to seek views on what should constitute a “permitted insurance fee.” The government’s formal response was published on 11 July 2025.

Powers of Attorney & Living Wills