Powers of attorney and guardianship arrangements 

Planning for the moments when you cannot speak for yourself

Few people like to think about losing the ability to manage their own affairs. But planning for that possibility, while you still have the capacity to do so, is one of the most practical and caring things a person can do for themselves and for the people around them. Powers of attorney and guardianship arrangements ensure that the right people are empowered to make decisions on your behalf, in the way you would want, if the time comes when you cannot do so yourself.

Powers of attorney

A power of attorney authorises another person to act on your behalf in relation to financial and legal matters. The scope of that authority, who holds it and when it can be exercised are all important considerations that a well-drafted document should address clearly.

Work in this area may cover:

• Preparing general and enduring powers of attorney tailored to individual circumstances
• Advising on the scope of authority granted and any limitations or conditions to be included
• Advising on the appointment of attorneys and the implications of that choice
• Reviewing existing powers of attorney to ensure they remain appropriate and effective
• Considering how a power of attorney interacts with property, investment and business interests
• Aligning powers of attorney with broader estate planning and succession arrangements

A properly prepared power of attorney can give you confidence that your financial and legal affairs will be managed appropriately if you are ever unable to manage them yourself.

Medical and personal decision making

Alongside financial powers of attorney, arrangements for medical and personal decision making ensure that your wishes are known and that the right person is empowered to act if you lose capacity to make those decisions yourself.

Support here may include:

• Preparing enduring guardianship appointments and advance care directives
• Advising on the scope of personal and medical decision making authority
• Ensuring documents reflect individual wishes and personal values
• Reviewing existing guardianship arrangements and advance care documentation
• Considering the needs of elderly parents or family members who may require these arrangements
• Aligning medical and personal decision making arrangements with broader estate planning documents

Having these arrangements in place can reduce the burden on family members at an already difficult time and ensure decisions are made in a way that reflects your values and wishes.

Guardianship and decision making for others

Sometimes it is necessary to put arrangements in place for a family member who lacks capacity, whether due to age, disability or a sudden change in circumstances. Navigating the formal processes involved in these situations can be challenging without clear guidance.

This may extend to:

• Advising on guardianship and administration applications for family members who lack capacity
• Supporting families through tribunal and court processes where formal appointments are required
• Reviewing existing arrangements where a person's circumstances or needs have changed
• Advising on the ongoing obligations of guardians and administrators
• Considering how guardianship arrangements interact with estate planning and succession documents for the person concerned

Clear arrangements for those who need support with decision making can provide reassurance for families and protection for the individuals involved.

Practical and considered advice

These are among the most personal legal arrangements a person can put in place. Advice is focused on understanding your circumstances and wishes, ensuring documents are properly prepared and giving you and your family confidence that the right arrangements are in place for whatever the future holds.