Lasting Power of Attorney
Until 1 October 2007, it was possible to grant two types of power of attorney:
1. Ordinary Powers of Attorney and
2. Enduring Powers of Attorney.
Unlike an ordinary power, an Enduring Power of Attorney continues to be effective after the donor loses mental capacity. Since 1 October 2007, it has not been possible to create new Enduring Powers of Attorney, but Enduring Powers of Attorney created before 1 October 2007 continue to be effective.
From 1 October 2007, Enduring Powers of Attorney were replaced by Lasting Powers of Attorney. There are two types of Lasting power of attorney’s:
1. Financial/Property. This type of Lasting Power of Attorney can allow the attorney to pay the donor’s bills, sell their property or investments and operate their bank accounts. The attorney can use the Lasting Power of Attorney while the donor still has capacity, unless the donor specifies otherwise in his/her Lasting Power of Attorney.
2. Health, Welfare and Care. This type of Lasting Power of Attorney can only be used when the donor loses capacity or the attorney reasonably believes that the donor has lost capacity. Decisions can be made about the donor’s medical treatment but decisions about life-sustaining treatment can only be made if the donor specifically permits this in his/her Lasting Power of Attorney. Another example whereby a donor can make decisions, in relation to the donor’s diet, where they live and/or how they spend their time (unless the donor specifies otherwise in the Lasting Power of Attorney).
The donor of a Lasting Power of Attorney must be over 18 and have capacity to execute the Lasting Power of Attorney at the time it is executed.
The donor can appoint the same attorneys under both types of Lasting Power of Attorney, or different attorneys. If different attorneys are appointed they may need to act together on some decisions.
Unlike an Enduring Power of Attorney, a Lasting Power of Attorney takes effect once it has been registered with the Office of the Public Guardian.
We provide advice in relation to the above Lasting Power of Attorneys from completion of necessary forms and clear explanation as to the process. Our service includes as many office/telephone consultations as necessary to finalise the process.
£1,000.00 (excluding VAT, disbursements and Court fees). Price is for both health/welfare and property/financial affairs – Terms and conditions apply.
