Enduring Power of Attorney
Sadly, there comes a time in life for many people when they are no longer able to competently make important decisions for their welfare and wellbeing. In which case, a close friend or a family member may have executed an Enduring Power of Attorney, in order to take over their affairs as a legal representative on their behalf.
The 2005 Mental Capacity Act replaced the prior Enduring Powers of Attorney Act 1985, meaning that it is no longer possible to create a new Enduring Power of Attorney (EPA). However, those who successfully executed an Enduring Power of Attorney prior to October 1, 2007 still hold valid Power of Attorney over the individual in question.
If you have any questions or concerns regarding your status as the formal and registered representative of an individual in your care, we can help. Contact our power of attorney solicitors team at Aristone Solicitors anytime for an obligation-free initial consultation.
Lasting Power of Attorney
As is the case when preparing a final will and testament, it is considered just as important to consider Lasting Power of Attorney as you get older. In the event that the time comes when you are no longer able to confidently make important decisions on your own behalf, you will benefit from the formal assistance of an individual granted Power of Attorney at an earlier date.
Lasting Powers of Attorney were introduced on the 1st October 2007 as part of the ongoing implementation of the Mental Capacity Act 2005.
A Lasting Power of Attorney – or LPA – is a formal declaration that enables the donor (the individual granting the LPA) to an individual they trust to represent them and make decisions for them in the future. Decisions which may involve issues regarding personal welfare, property, estate, finances and so on.
Should a time come when you are unable to make these decisions yourself, the nominated individual will have the authorisation to act on your behalf.
There are two the different types of LPA:
- Property and Affairs. This type of LPA encompasses all financial and property matters, enabling the nominated individual to make key decisions on your behalf where necessary. This may include simple decisions like allocation of income, or the much more important decisions like selling and buying property.
- Personal Welfare. This type of LPA covers the welfare and healthcare of the individual in question, which may include their diet, personal hygiene, capacity to live unassisted in their own home, provision of consent for medication/courses of treatment and so on.
It is up to you whether you choose to make one of the two LPAs or combine them together. In most instances, however, Property and Affairs LPAs are combined with Personal Welfare LPAs as there is significant overlap between the two.
For example, if the individual in question needs to move into assisted accommodation due to their deteriorating health, there will be significant financial issues and decisions to make on their behalf.
An LPA can only be used when it has been formally registered with the Office of the Public Guardian (OPG). In addition, an LPA will only be granted and formalised in instances where the nominated individual clearly has the confidence and capacity to act on behalf of the donor.
Nominating and formalising lasting Powers of Attorney can be a complex and daunting process. This is why a trained legal support comes highly recommended from the earliest possible stage. Whether you’ve decided to go ahead and nominate an individual or would simply like to discuss the potential benefits of doing so, we’d be delighted to hear from you.
Book your obligation-free consultation with our power of attorney solicitor today.
