15/02/2008 Update to Powers of Attorney
October 2007 saw the end of the creation of new Enduring Powers of Attorney, any existing Enduring Powers of Attorney being unaffected.
What has not changed is the ability to create Section 10 Powers of Attorney, which enable you to appoint an attorney to deal with your finances whilst you have mental capacity.
In place of the Enduring Power of Attorney (EPA), we now have Lasting Powers of Attorney (LPA). There are two types of LPA: -
- Property and Affairs
- Personal Welfare
As with the EPA, the Property and Affairs LPA allows you to appoint one or more persons to deal with your finances. However, you can not use the LPA until it is registered at the Court of Protection. The old EPA only needed to be registered if the Donor (the person appointing the attorney) had become or was becoming mentally incapable of managing their affairs. The LPA has more options that are clearly defined, more safeguards and makes the attorney involve the Donor as much as they are able.
The Personal Welfare LPA is an entirely new form that used to be catered for by way of a Living Will but gives more authority. It allows the Donor to give authority to an attorney to: -
- Make decisions about the care and treatment of the Donor i.e. care homes
- Make decisions on their medical treatment
- Turn off life support
- Give advance directives about the above
They are a useful tool if you want a person to make these decisions for you if you are not able to at a future date. Again, it can only be used once registered at the Court of Protection.
You don’t have to do both LPA’s, you may just choose to do one of them. They are an important tool if you want to be certain on who looks after and makes decisions on your behalf if you can’t make them at a future date.