Powers Of Attorney


Powers of Attorney are important documents that enable you to give permission to others (attorneys) to handle your affairs and make decisions on your behalf if you are no longer able to do so due to either a short or long-term incapacity. Careful consideration should be given to the range of powers you wish to give your attorney – we can help clients appoint attorneys and ensure that the wording in Powers of Attorney is sufficiently precise to protects our clients’ interests.

For many clients, preparing Powers of Attorney are part of their usual lifetime planning. Broadly speaking, there are three types of Powers of Attorney:

Lasting Powers of Attorney (LPAs)
We recommend that all clients, regardless of age, prepare Lasting Powers of Attorney, as whilst these documents are often associated with old age, they can also provide key protection for you and your family should you be involved in an accident. We all hope they will never be required, but if the worst happens your family will have everything they need to care for you. There are two types of lasting powers of attorney:
An LPA allows you to appoint individuals who you trust to assist with your property and financial affairs and health and welfare decisions if you are ever in the position of not being able to make these decisions yourself. Preparing them ahead of time will allow you to decide who is appointed to act on your behalf. If you do not have LPAs and then lose mental capacity, your family and loved ones will need to apply to the Court of Protection for a Deputyship Order, whereby the Court chooses who to appoint on your behalf. This is a more costly process and takes the choice out of your hands as to who will act on your behalf.
Enduring Powers of Attorney (EPAs)

Before 1st October 2007, a person with capacity could grant an Enduring Powers of Attorney (EPA) authorising another person to act for them if they became incapable of managing their property and affairs. Enduring Powers of Attorney have been replaced by Lasting Powers of Attorney (LPA) – EPAs remain valid, whether or not they have been registered at the Court of Protection, provided that they were fully signed prior to 1 October 2007.

It might, however, be prudent to review your existing EPAs to ensure that they entirely meet your current requirements and consider whether it would be beneficial to create a new LPA in addition to deal with your health and welfare decisions.

Although existing EPAs can still be used, if you were to lose mental capacity in future the EPA must be registered with the Office of the Public Guardian. If you have an existing EPA, we can assist your attorneys with the registration of this document when the time comes.

General Powers of Attorney
If you need to temporarily delegate your property and financial affairs to an attorney, we can assist with the preparation of a general Powers of Attorney. These are only suitable as temporary documents given that they cease to have any power if the donor loses mental capacity, and only last for twelve months. However, they have their uses, for instance, if you are going to be travelling abroad and need to appoint an attorney to assist you in your absence. We would be happy to assist in the preparation of a general Powers of Attorney if this is required.
How we can help
Our Wills, Trusts & Estates team can help you with create, register, alter or enforce Powers of Attorney. If you are appointed as an attorney under an EPA or LPA, we can assist with advice on the day to day administration of the attorneyship, together with advice on the maintenance of your records and compliance procedures. Contact us today for a quote on drafting your LPA.
Solicitor- Wills, Trusts & Estates (Lower Earley, Reading)
Solicitor & Notary Public – Wills, Trusts & Estates (Henley-on-Thames)
Our Wills, Trusts & Estates team can help you with create, register, alter or enforce powers of attorney.


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