A Power of Attorney allows you to safeguard your future should you become ill or have an accident. In order to complete a Power of Attorney, you must have the mental capacity to understand the documentation and its implications.
If the person who needs a Power of Attorney has already lost capacity an application will have to be made to the Court of Protection for the appointment of a Deputy instead. Find out more about our Court of Protection and Deputyship services here.
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. You will have to complete a lasting Power of Attorney form. Your appointed Attorney has a duty to act in your best interests in accordance with the Mental Capacity Act 2005. The Lasting Powers of Attorney must be registered with the Office of the Public Guardian (OPG). There are two types of LPAs:
Property & 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 mental capacity 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 mental capacity in the future.
Health & 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 no longer have capacity.
Herne BayYou 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.
If a relative or friend has lost capacity and does not have an Enduring or Lasting Power of Attorney in place, someone will need to apply to the Court of Protection to become their Deputy. This is a long and complicated process and our deputyship service can help. The Deputy, once appointed, will be able to deal with the financial affairs of the person who has lost capacity.
For further advice on LPAs, please contact a member of our Wills, Tax & Estate Administration team based in Canterbury, Ashford and Herne Bay.
