Power of Attorney

Doing a Will is one thing but it’s only half the story. What happens if you become incapable of managing and administering your affairs while you’re alive or you want someone to look after your affairs whilst you’re out of the country – whatever the reason we can help you with this:

Ordinary Power of Attorney

Allows you to appoint someone to deal with a specific issue or to give a general power over all your affairs. An Ordinary Power of Attorney ceases to be valid if you lose mental capacity to manage your affairs. If that is the very time you would seek to rely on the Attorneyship then you need to consider a Lasting Power of Attorney.

Enduring Power of Attorney (EPA)

It is no longer possible to make new Enduring Powers of Attorney since the introduction of the Mental Capacity Act 2005. EPA’s which have been completed before 1st October 2007 will remain valid. If you have already made an EPA and later lose mental capacity to manage your affairs, your attorneys must register the EPA with the Court of Protection, and notify your family as part of that registration process. You and the other family members are then given the opportunity of objecting to that registration if appropriate.

Lasting Power of Attorney

An LPA lets you appoint someone you trust as an ‘attorney’ to make decisions on your behalf. This document can be drawn up at any time whilst you have mental capacity. They are far more flexible than an EPA and allow you to have more of a say as to how your property and other assetis are to be used to your benefit. The LPA must be registered with the Office of the Public Guardian for the document to be used legally. Once registered the LPA can be used at any time regardless of your mental capacity. Currently you can create two types of LPA:

1. Property and Affairs LPA
A Property and Affairs LPA allows you to choose someone to make decisions about how to spend your money. This can include decisions on the way your property and affairs are managed.

2. Personal Welfare LPA
A Personal Welfare LPA allows you to choose someone to make decisions about your healthcare and welfare. This includes decisions to refuse or consent to treatment on your behalf and deciding where you may reside in care.

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