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Home > Wills, Trusts & Probate > Power of Attorney

Power of Attorney

If you need to instruct us about a Power of Attorney click here

UPDATE: Lasting Powers of Attorney replace the current Enduring Powers of Attorney from 1^st October 2007.

• The old Law only related to finances. The new law can also cover your personal welfare.
• You can appoint someone to make decision about your care, your health and what treatment you will receive, in the event that you are unable to do so yourself. eg. if you have had a stroke, suffer from Alzheimer's or are physically unable to manage your own affairs.

What if I have not arranged a lasting Power of Attorney?

• If you do not have a Lasting Power of Attorney and you are not able to manage your own affairs, your family will need to apply to the Office of the Public Guardian to appoint a Deputy.
• This is costly and time consuming.

What can a Lasting Powers of Attorney cover?

• There are two types of Lasting Power of Attorney.

Property & Affairs

• you can appoint someone to make decisions on your behalf in relation to your property e.g. buy or sell property, access bank accounts and manage investments.

Personal Welfare

• You can appoint someone to make decisions about your personal welfare including your healthcare on your behalf where you lack the capacity to make those decisions yourself.
• Your attorney cannot do whatever they like and must have regard to the principles in the Mental Capacity Act 2005 Code of Practice.

How do I make sure that The Power of Attorney is effective?

• The Lasting Power of Attorney will be registered at the Office of the Public Guardian. Although you can have a Lasting Power of Attorney without registering it, we recommend that you register your Lasting Power of Attorney as soon as you have made it so that it is ready for use before you lose capacity - it is difficult for anyone to know when they will lose capacity.

Do I have to make two Lasting Powers of Attorney?

• No. You can make either a Property & Affairs LPA or a Personal Welfare LPA or both.

When can my attorney act?

• Once the LPA has been registered, your attorney can act either before you lack capacity or after, you can choose .

If I choose more than one attorney, do they have to make all the decisions together?

• No. You can decide whether your attorneys must act just together or together and independently. Together and independently means that they can act independently of each other. E.g. either one of them can sign a cheque.

Is my current Enduring Power of Attorney still valid?

• Yes it is. However Enduring Powers of Attorney only cover your property and affairs. If you wish you can also make a Personal Welfare Lasting Power of Attorney. If you already have an Enduring Powers of Attorney it will remain valid and is not affected by the new law.

Do I need to get my old Enduring Power of Attorney registered?

• Only if you have lost capacity. You can still use your Enduring Power of Attorney unregistered if you have not lost capacity. E.g. if you are housebound.

How much will a LPA cost?

• We will advise you on the cost of a LPA by the end of September 2007. It is more complex than an Enduring Power of Attorney and will cost more.
• You may want to consider arranging an EPA before the closing date of 30th September 2007.