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ATTORNEYS GIVEN LASTING POWERS
There may come a time that, for whatever reason, you wish to give the power to make decisions on your behalf to someone in a position of trust. Before now, this was done through an Enduring Power of Attorney, which allowed your selected representative to deal with your finances in accordance with your wishes.
Since October 1st the old Enduring Power of Attorney has been replaced with the new Lasting Power of Attorney (LPA). A power of attorney is a legal document where a person gives another person or persons (the attorney) authority to make decisions on his or her behalf. There are two types of LPA. A property and affairs LPA allows your attorney to deal with your property, finances and other assets, whilst a welfare LPA allows your attorney to make welfare and health care decisions on your behalf, but only when you lack mental capacity to do so yourself. This could also extend, if you wish, to giving or refusing consent to the continuation of life sustaining treatment. Your attorney
An LPA is an important document and you should take care who you appoint as they should be trustworthy and have appropriate skills to make the proposed decisions. If you appoint more than one attorney, you can appoint them to always act together (jointly) or together and separately (jointly and severally). You may appoint them to act jointly for some things and jointly and severally for others, although this should only be done after seeking professional legal advice, as it may cause problems when using the power. You may also choose to appoint a successor to your attorney, in case they die or otherwise cannot act for you.
When can the attorney act?
The attorney will only be able to act when the LPA has been signed by you and your attorney, certified by a person that you understand the nature and scope of the LPA and have not been unduly pressured into making the power. It must then be registered with the Office of Public Guardian before it can be used. The financial LPA can be used both when you have capacity to act, as well as if you lack mental capacity to make a financial decision. The welfare power can only be used if you lack mental capacity to make a welfare or medical decision.
What happens to existing Enduring Powers of Attorney?
Any enduring power, validly made before 1st October 2007, will continue to be available to be used, but only in respect of your property and affairs. If you wish to give authority over your health or welfare you will need to make a welfare LPA. Woodcocks can aid in the establishment and amendment of all aspects of LPAs. For more detailed advice call either Stephen Parr on 01706 213356 or e-mail sjp@woodcocks.co.uk, or Sue Mackintosh on 0161 766 4611 or e-mail sem@woodcocks.co.uk
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