Need a Powers of Attorney Lawyer? Brighton & Hove solicitors Crosby & Woods can help.
Lasting Power of Attorney:
In October 2007 the law changed and you can no longer create Enduring Powers of Attorney (EPAs). However, if you created one prior to that, it is still valid and can be registered with the Court of Protection if the donor ever loses capacity to manage their own affairs.
There are now two ways of ensuring someone can act on your behalf. These two documents are called Lasting Powers of Attorney (LPA’s) and you can create them in relation to either your Property & Affairs or your Personal Welfare, or both.
The new forms are in-depth and you may wish to take professional advice when creating them and you now require a Certificate Provider to certify that you understand the implications of the power and that you are not being subjected to undue influence. You also need to provide the details of a person to be notified that the document is being created, or have two separate and independent Certificate Providers. This gives you and your Attorney more protection.
In order to be used, the LPA needs to be registered with the Court of Protection and this does not mean that the Donor has lost capacity. Registration ensures that the Court and the person you have notified (if anyone) know that someone else is acting on your behalf.
Under an EPA, your Attorney could not make health and welfare decisions on your behalf but under the LPA – Personal Welfare, they now can. You can decide whether you wish your Attorney to be able to refuse life-sustaining treatment and you can give very clear details to your Attorney about what you would wish to happen should you lose capacity to make those decisions yourself.
Although the new forms can appear daunting, they are still the best way to ensure that the person you decide should look after your affairs is able to do so.
If you have a relative or friend or partner who has already lost capacity, then do also feel free to contact one of our experienced solicitors in case you need information or guidance in relation to managing their affairs, because there is a process known as “Deputyship” which could assist you.General Power of Attorney:
LPA’s take approximately 10 weeks from the start of registration to issue by the OPG and for some, that delay can cause problems managing day to day finances if suddenly taken unwell, or unable to access a bank account to continue to pay bills etc.
A General Power of Attorney allows someone to manage a specific account or accounts in the interim, and this means that whilst a donor is unable to personally do so, then an appointed attorney on their behalf would be able to. This ensures any temporary incapacity would still allow a person’s affairs to be managed in an orderly manner, until they are able to do that themselves again.
"David, as we now approach the conclusion of the complex and very time intensive administration of my late cousin’s Estate, of which you have been the Executor, I wanted to express my sincere thanks and to say how very effectively, sensitively, sympathetically, professionally and thoughtfully you have dealt with his Estate throughout and also his funeral arrangements – my family are greatly appreciative of everything you have done." Mrs H, Somerset- August 2016
Thank you so much for your letter, I am delighted that the charities so close to my late cousin’s heart will benefit from his extensive collections. I am quite sure knowing him as I did, that these collections, built up over a very long lifetime, took enormous sorting out by yourself and colleagues, a job I would not envy having had to do so well done. Thank you so much for all the hard work you have done to ensure my cousin’s wishes have been carried out exactly as he had requested. It really has been appreciated by myself and my family." Mrs AK, Lewes- August 2016