Power of attorney
Making a lasting power of attorney is comparable to having a passport; insurance or making a Will. It is a powerful and important legal document.
It is likely that mental capacity will deteriorate with age and assistance required to make vital and even everyday decisions regarding health, welfare, finances and property.
Should a person lack mental capacity in the future it is then to late to have the protection of a Lasting Power of Attorney. The only option is to apply to the Office of Public Guardianship for the appointment of a deputy, which is rather a lengthy, costly and cumbersome process, not only for statutory costs and fees but personal strain upon your family.
The Mental Capacity Act 2005 enables a person to choose someone to manage not only their finances and property should they become incapable but also to make health and welfare decisions on their behalf. This is through a Lasting Power of Attorney (LPA). LPAs replaced Enduring Powers of Attorney (EPAs) in 2007, when the Mental Capacity Act came into force.
Enduring power of attorney
Before October 2007, people could grant an EPA so a trusted person could act for them if they could no longer manage their finances. Any EPA remains valid whether or not it has been registered at the Court of Protection, provided that both the donor of the Power and the attorney/s signed the document prior to 1 October 2007.
An EPA can be used while you still have mental capacity, provided you consent to its use. If you start to lose the mental capacity to manage your finances, your attorney/s are under a duty to register your EPA with the Office of the Public Guardian (OPG).
Lasting powers of attorney
Property and affairs
You can make a property and affairs LPA to enable someone you trust (the attorney) to make decisions on your behalf about your property and affairs immediately or at a time when you are no longer able or lack the mental capacity to take those decisions yourself. It can only be used once it has been registered at the Office of the Public Guardian (OPG).
Personal welfare LPA
A personal welfare LPA allows the person/s you have chosen as your attorney to make decisions on your behalf about your personal welfare, e.g. where you live. It can include the power for the attorney to give or refuse consent to medical treatment if this power has been expressly given in the LPA.
General Power of attorney
The Mental Capacity Act 2005 does not affect the ability to create general powers of attorney under the Power of Attorney Act 1971. However these are automatically revoked upon mental incapacity.
We can offer expert advice and guidance in all aspects of powers of attorney.
For further information please contact:-
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