Enduring Powers of Attorney, Lasting Powers of Attorney and the Court of Protection

Managing your financial affairs can become more difficult as you get older. By making a Power of Attorney you can decide whom you would like to manage your affairs in the event that you are unable to do so either due to physical or mental incapacity.

October 2007 saw the introduction of the Mental Capacity Act 2005. This introduced Lasting Powers of Attorney which replaced Enduring Powers of Attorney. Valid Enduring Powers of Attorney made before 1st October 2007 still remain enforceable, however, new Enduring Powers of Attorney cannot now be made.

The Mental Capacity Act 2005 introduced Lasting Powers of Attorney. There are two types of Lasting Power of Attorney that can be made, one dealing with your property and financial affairs and the other dealing with your personal welfare.

Anyone over the age of 18 can make a Lasting Power of Attorney provided they understand the nature and effect of the document. It is very important that everyone involved with the Lasting Power of Attorney understands its implications and effect.

Lasting Powers of Attorney » Property and Affairs

This power enables your attorney to deal with your bank accounts and your property. This includes decisions in relation to selling or renting your property, paying your bills, applying for benefits you are entitled to and all aspects of dealing with your bank accounts, savings and investments.

Lasting Power of Attorney » Personal Welfare

This power gives your attorney the authority to make decisions regarding your healthcare and medical treatment. This could include such decisions as where you should live and giving consent to or refusing medical treatment on your behalf.

Crucially this document cannot be used by your attorney if you are able to make such decisions for yourself.

You can place restrictions upon your attorney within both Lasting Power of Attorney documents and you can also set out guidance for your attorney to consider in each document.

Neither Lasting Power of Attorney can be used until it has been registered with the Office of the Public Guardian. You or your attorney can apply for the registration of the Lasting Power of Attorney at any time. Unless restricted a Property and Affairs Lasting Power of Attorney can be used as soon as it is registered unlike a Personal Welfare Lasting Power of Attorney which even if registered can only be used by the attorney in the event you do not have the mental capacity to make the decision at the time the decision needs to be made.

It is important to take legal advice when considering making a Lasting Power of Attorney in order to ensure that the power given accurately reflects your wishes. We are able to advise on all aspects of establishing both Lasting Powers of Attorney and also the registration process of both Lasting and Enduring Powers of Attorney.

Court of Protection

If a person is unable to manage their affairs due to mental incapacity and they have not made a valid Enduring or Lasting Power of Attorney, their assets will be frozen as no one has the authority to deal with them.

At this point someone will need to apply to the Court of Protection to be appointed as the person′s Deputy. The Court will then authorise the Deputy to deal with the person′s affairs in a certain manner. In all but the very urgent of cases this is a very time consuming and expensive solution. This situation can be simply avoided through the making of a Lasting Power of Attorney.

Please do not hesitate to contact us about our Power of Attorney Services without obligation.