Powers of Attorney & Court of Protection
On many occasions, we have been asked to prepare Enduring Powers of Attorney for our clients to sign, often at the same time as we prepare their wills. These have frequently been very useful documents, as they have made it much easier to look after the affairs of, for example, a spouse, parent or close relative who has difficulty in looking after themselves due to, perhaps, an illness. Many people have executed these documents simply as a precaution, and have asked us to store them with their wills, to be used only if necessary at a future date.
Although all existing Enduring Powers of Attorney remain in force, no more can be created after 1st October 2007. Since that date, they have been replaced by a new type of power of attorney, called a ‘lasting power of attorney’ (LPA) .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 certain decisions on his or her behalf.
There are two types of LPAs:
- A property and affairs LPA, which allows your attorney authority to deal with your property and finances as you specify. This type of LPA has some similarities to the former Enduring Power of Attorney.
- A welfare LPA, which allows your attorney to make welfare and health care decisions on your behalf, 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.
There is also now a totally new Court of Protection. The Court has many functions and it can, for example, appoint ‘Deputies’ who can be authorised to make health and welfare decisions as well as financial decisions for persons who do not have the capacity to make decisions themselves.
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Wilston House
Manor Street
Hull
HU1 1YP
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01482 320002
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