Powers of Attorney

There have been some significant changes in this area over the last few years. They have intentionally made the law and procedures more involved and thorough to provide more flexibility and security.

The setting up of any Power of Attorney involves vital and complex decisions that need careful consideration to ensure that it is as specific and flexible as your circumstances require and will be workable in practice when it is required.

We can ensure that you fully understand just what is involved in the preparation or setting up of a Power of Attorney and for those who are to administer them we can advise on what they can and cannot do to prevent them from acting outside the law or experiencing problems when acting as an attorney.

There are a few different powers of attorney, to clarify what the differences between them we have prepared a quick summary below:

A General Power of Attorney

• it allows you to appoint some other person or persons to deal with one or as many aspects of your affairs as you require. A Power of Attorney gives that person (“your attorney”) authority in law. They can be brought in to help you with any matters you feel you are unable to deal with yourself for any number of reasons – you may be abroad, ill or simply feel someone else can do what needs to be done more effectively for your benefit. You may simply want somebody to deal with one transaction e.g. the sale of a property.

• it ceases to have effect if you lose mental capacity.

A Lasting Power of Attorney (LPA)

• it allows you to appoint some other person or persons to deal with one or as many aspects of your affairs as you require

• There are two types of LPA’s:

          • Property and Affairs LPA - which relates to your property and financial affairs

          • Health and Welfare LPA - which allows you to set out how you would like to be
             cared for in the future or what kind of medical treatment you would like

• Your attorney is always subject to the jurisdiction of the Court of Protection (“the Court”) and has a duty to act in your best interests. All attorneys must abide by the Mental Capacity Act 2005 Code of Practice (over 300 pages long)

• An LPA must be registered and a fee paid, with the Court before it is used in practice. Any mistakes or omissions can prove expensive to rectify. Unlike the General Power of Attorney the authority continues even after you lose mental capacity. Therefore, Lasting Powers of Attorney (LPA’s) are your opportunity to choose who you want to make decisions on your behalf when you are unwilling or unable to do so yourself and by reason of mental incapacity.

An Enduring Power of Attorney (EPA)

• The EPA system came to an end in October 2007 following the Mental Capacity Act of 2005 and the introduction of LPA’s

• They allowed you to choose who you wanted to look after your financial affairs if you lost mental capacity to deal with your own affairs

• Existing EPAs are still valid but for people now wishing to make long-term welfare and financial arrangements, an LPA is required.

To discuss how we can help you please email Nick Scott or call us on 01908 692769.