If you lose the ability to deal with your own affairs you need to ensure you have chosen the people you trust and who you want to represent you.

By making a Lasting Powers of Attorney you and your family and friends will have peace of mind knowing that whatever happens, your wishes will be met.

If you do not have a Lasting Power of Attorney and you become incapable of dealing with your own affairs (and don't have a Power of Attorney) a Deputyship Order application will have to be made to the Court of Protection.  This is a costly and time consuming process and should be avoided.

There is an easy way to avoid the Court of Protection and this is to grant someone you trust lasting power of attorney giving them authority to manage your financial affairs and make decisions about your health and welfare.

So, how do you go about it?

There are two types of Lasting Power of Attorney and they form two separate documents: 

A Property and Affairs Lasting Power of Attorney
This gives your attorney(s) the power to assist you with paying bills, managing bank accounts and investments and selling property, etc, should you become physically or mentally incapable of managing your own financial affairs. Your attorney (s) can also assist you if you request them to do so (even if you are yourself capable of managing your affairs).

A Health and Welfare Lasting Power of Attorney
This gives your attorney(s) the power to make decisions about your day-to-day care including where you should live and medical treatment including decisions whether to provide life sustaining treatment. A personal welfare attorney can only ever make these decisions if you have lost the capacity to make them yourself.

Who can I choose to be my Attorney?

It is purely your decision who you appoint to be your attorney(s), however, it should be someone you trust to make the right decisions for you and who will always act in your best interests. You may wish to appoint more than one person as this helps reduce the risk of the Power of Attorney being abused.

Attorney(s) can be appointed to act together or together and independently in respect of any transactions/decisions made on your behalf.

What are Lasting Powers of Attorney?

The Mental Capacity Act 2005 introduced Lasting Powers of Attorney.  Lasting Powers of Attorneys replaced Enduring Powers of Attorney (EPAs)  on the 1st October 2007  (EPAs made prior to 1st October 2007 remain valid but no new EPAs can be created).

There are a number of differences between EPAs and the new LPAs. The LPA has to be registered with the Office of Public Guardianship prior to its use and there is also a requirement for a Certificate Provider. This is a person who has to certify that the donor (you) understands the purpose of the LPA, the power it gives to the attorney(s) and that the donor is not being influenced or pressurised into making the document. This can be any person who has known you for two years but you may choose your solicitor or GP who has the relevant professional skills and expertise. In the majority of cases we are able to be your Certificate Provider.

How long does it take to get the document?

A Lasting Power of Attorney cannot be used by your attorney(s) until it has been registered with the Office of the Public Guardian. The registration process takes approximately two months.

Can I cancel a Lasting Power of Attorney once it has been made?

A Lasting Powers of Attorney can be cancelled by you at any time prior to mental incapacity.

We can help…

We understand that legal terms are confusing and so we make sure that we convey information in a way that is easy to understand, without the jargon. We specialise in this field and can give you and your family peace of mind.

Call for an appointment. 01376 321311