Lasting Powers of Attorney were introduced on the 1st of October 2007 as part of the ongoing implementation of the Mental Capacity Act 2005, replacing the Enduring Power of Attorney.
A lasting power of attorney is a legal document that allows you to appoint one or more people to make decisions on your behalf during your lifetime. The people you appoint to manage your affairs are called the attorneys. A lasting power of attorney is a completely separate legal document to your will although many people put them in place at the same time as getting their will written, as part of planning for the future.
A Lasting Power of Attorney (LPA) is a legal document in a special form which allows you (the Donor) to choose someone who you trust to make decisions on your behalf about things, such as your property and affairs or personal welfare, in the future when you can no longer make those decisions yourself.
There are two forms of LPA: property and affairs, and personal welfare.
Making a Power of Attorney gives both you and your family peace of mind for the future. They’ll know what you want if anything happens to you, and you’ll know your wishes will be respected. Our solicitors have helped thousands of people make and register LPAs. We often act as attorneys too. We can provide specialist advice tailored to your specific needs and make sure your estate and welfare is protected for the future.
This covers all aspects of personal healthcare and welfare, for example:
The responsibilities listed above will directly affect you. For this reason, it is very important that the person you choose as your LPA for Health and Welfare is somebody you know and trust.
Any person over 18 with mental capacity can appoint an attorney to make decisions on their behalf if they lose capacity. You should make it known to your loved ones that you have made an LPA and tell them what personal decisions your attorney will be able to make.
This covers all types of property and financial matters. This includes writing cheques on your behalf, paying bills, collecting pensions and other income. It also involves dealing with banks, building societies and other financial institutions, buying, and selling property.
You can make either or both LPAs. Because decisions may need to be made that will have financial repercussions, for example the potential cost of treatment or nursing home fees, it is likely that an LPA Personal Welfare will also be required to address the issue of payment.
It is no longer possible to create a new EPA or make any changes to an existing one. However, EPAs created before the 1st of October 2007, which have been signed by both the Donor, and the Attorney, are still valid.
You may consider replacing an unregistered EPA with a Lasting Power of Attorney Property and Affairs. To do this, you must cancel or revoke your EPA.
If you have an existing EPA which makes provision for your property and affairs, you can create an LPA - Personal Welfare - to run alongside the same. LPAs can only be used after they have registered with the Office of the Public Guardian (OPG).
Because of the complexities associated with the writing of an LPA it is recommended that you consult a solicitor for guidance. Tilly Bailey & Irvine can help you create an LPA suitably tailored to your individual needs.
If you’d like to speak to a member of our team regarding Powers of Attorney, call us today to make a quick and free appointment to review your situation, or fill in an online enquiry form and someone will be in touch.
Call: 01429 856744
The role of a deputy is similar to that of an attorney. If you are acting as an attorney, this will be because the person you are acting for specifically chose you to act and they made a document called a ‘power of attorney’ at a time when they had capacity to do so.
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