Powers of Attorney allows a person or persons you appoint to deal with your affairs, if you should become incapable of doing so yourself. In order to complete a Power of attorney, you must have mental faculties to ensure you understand these documents upon completion.

Enduring Powers of Attorney (‘EPA’)

You can no longer complete an EPA as they were replaced on 1 October 2007 by Lasting Powers of Attorney. If you have an existing EPA this is still valid and will need to be registered with the Office of the Public Guardian (‘OPG’) if you should lose your mental faculties. Please contact one of our Lawyers for details on how to register an EPA.

Lasting Power of Attorney (‘LPA’)

An LPA is a legal document which allows you (the Donor) to choose someone that you trust (the Attorney) to make decisions on your behalf in the future when you no longer want to or are no longer capable of making those decisions yourself. Your appointed Attorney has a duty to act in your best interests in accordance with the Mental Capacity Act 2005.

There are two types of LPAs

Property and financial affairs LPA: This allows your Attorney to make decisions about dealing with your bank accounts, paying bills and selling your home. These are valid if you have your mental faculties and simply require your attorney’s help and assistance in dealing with your finances on your behalf. They also remain valid if you should lose your mental faculties in the future.

Health and welfare LPA: This allows your Attorney to make decisions about life sustaining treatment, your care and where you live. These only come into effect if you should lose your mental faculties.

The Lasting Powers of Attorney must be registered with the Office of the Public Guardian (‘OPG’). If you would like to discuss Lasting Powers of Attorney please contact one of our expert Lawyers.

If the person who needs a Power of Attorney has already lost capacity click here.