Powers of Attorney

Sometimes it is useful to appoint another person to act on your behalf and with your authority either in connection with a property transaction or simply for example to deal with your banking requirements.

We are able to prepare the necessary document tailored to your requirements.

Lasting Powers of Attorney

• Lasting Powers of Attorney (LPAs) were introduced from the 1st of October 2007 and replaced Enduring Powers of Attorney. Enduring Powers of Attorney can still be valid if made before that date but no new Enduring Powers of Attorney can now be made. (For more information see below.)
   
• An LPA is an instrument whereby you can appoint another person or people to deal with your property and affairs and personal welfare in the event that you become either physically or mentally incapable of dealing with these matters yourself.
   
• If you were to suffer from Alzheimer's Disease or dementia or suffer a stroke or brain injury through an accident, you might lose mental capacity to administer your assets. If they are in your sole name then this could mean that they are frozen. If money is needed quickly for your medical treatment or nursing home fees this could cause extreme problems. Not even your wife or husband would have authority to use your assets unless you have authorised them under a LPA.
   
• There are two types of LPA. A Property and Affairs LPA grants authority to make decisions regarding financial matters. A Personal Welfare LPA grants authority to make decisions regarding personal matters including those concerning your medical treatment.
   
• As regards decisions about your welfare, the person you appoint can only act if you are not capable of making that decision yourself and, as with both types of LPA, they must make decisions in your best interests.
   
• Decisions regarding life sustaining treatment can only be made under such a Power only if the Attorney is specifically authorised to do so.
   
• Both LPAs have to be prepared in a specific format. They cannot be used until registered at the Office of the Public Guardian. Prior to registration notices have to be served on various people.
   
• We are able to deal with the preparation of the forms, the application to the Office of the Public Guardian and the giving of notices required and will endeavour to do this in a sensitive manner for you.
   
• For those who have no appropriate person to appoint, we are able to act as Attorney on your behalf. If you would like further information of this service and the cost then please contact us.
   
• In addition, sometimes a person loses mental capacity without having made an LPA. In these circumstances it may be necessary to apply to the Court of Protection for the appointment of someone to administer that person's affairs (called a "deputy"). We are able to assist with such applications.
   

Enduring Powers of Attorney

• As mentioned above since the 1st of October 2007 it is no longer possible to create a new Enduring Power of Attorney (EPA) as these have been replaced by LPAs.
   
• However there are many EPAs that are perfectly valid and may need registration when the Donor of the Power is becoming mentally incapable.
   
• We are able to help the Attorneys appointed by an EPA to serve the relevant notices and make the necessary application to the Office of the Public Guardian for registration of the EPA.
   

Once again, if you would like further information of this service and the cost then please contact us.