A simple form of Power of Attorney

It is possible to protect and care for your assets and affairs by appointing one or more people to be your Attorney. An Attorney can act for you as if he or she were you and can do so should you be away on holiday or if you are ill – so long as you maintain mental capacity.

The powers of an Attorney can be limited to a specific task or made more wide ranging. We can advise you as to the most appropriate way forward depending on your circumstances.

Lasting Powers of Attorney

The Mental Capacity ACT 2005 has replaced Enduring Powers of Attorney with “Lasting Powers of Attorney” (LPA). These cover health, welfare and financial issues. Receivers have been replaced by deputies who are appointed by the court. The Act also provides a statutory framework for those who may be unable to make their own decisions for whatever reason (for example the loss of mental capacity).

There are two distinct types of LPA. One deals with property and general affairs, and can be used both before and after the loss of capacity, whilst the other relates to health and welfare matters and only comes into operation after capacity is lost.

To be valid, a LPA has to be in a statutory format, contain certain provisions and most importantly a certificate by an independent person confirming that there was no undue pressure or fraud involved in the decision making process leading to the making of the LPA and that the person who made it understood the scope and the power of the LPA.

It is possible to include restrictions or conditions in the LPA as well as grant the Attorney wider powers in addition to those contained within the Act. Once completed, the LPA has to be registered with the Public Guardian, and until that has been done, the LPA has no authority.

By addressing these issues now, you will have the peace of mind knowing that your affairs would remain within the control of some one you trust and have appointed – not a stranger to you and your family appointed by the Court.

Please do contact us for further information, help and guidance.