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Powers of Attorney - A Change in the Law

Have you thought about who would look after your financial affairs or your personal welfare if you were unable to make those decisions yourself?

The law changed on 1st October 2007.  Previously you could make an Enduring Power of Attorney (EPA) to appoint up to four people to look after your financial affairs should be unable to do so yourself.  If you have an existing EPA provided it was signed by you and all your attorneys by 30th September 2007 it is valid and can be used as and when necessary.

 From 1st October 2007 Lasting Powers of Attorney (LPA) were brought in.  There are two parts to the LPA – one for Property and Affairs and one for Personal Welfare.  The Property and Affairs form replaces the EPA.  The Personal Welfare form is new and deals with accommodation and daily living activities.  The principles behind LPA’s are to provide protection for the person who is mentally incapable of making decisions and to provide clarity for the people involved.

  What happens if I don’t have a power of attorney?

 Before 1st October 2007 if someone needed to access the financial affairs of a person who had lost their mental capacity and there was no enduring power of attorney in place a receiver application was made to the Court of Protection.

From 1st October 2007 Deputies appointed by the Court of Protection will replace the existing system.  Deputies can be family members or people from the Court. 

  Lasting Power of Attorney – Property and Affairs

This form enables you to appoint attorneys to look after your financial affairs.  Duties can include operating accounts, paying household expenses, making gifts and buying or selling goods.

  Lasting Power of Attorney – Personal Welfare

This form enables you to appoint someone to choose where you should live, day to day care and medical treatment should you become mentally incapable.

  If you want your Attorney to be able to make life sustaining treatments, this power must be added to the form.

Registration of Lasting Powers of Attorney

Either the person making the LPA (the “donor”) or their attorney can register the LPA.  Each part of the LPA must be registered with the Office of the Public Guardian before it can be used.  The fee for this is £150 per part of the LPA.  The registration process takes up to 6 weeks and no decisions can be made until the Powers of Attorney are registered.

For further information, please contact us.