Powers Of Attorney
Powers Of Attorney SOLICITORS IN READING & HENLEY
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 (LPA)
- Enduring Powers of Attorney (EPA)
- General Powers of Attorney
- Property and Financial Affairs LPA allows a person to appoint someone to look after their financial affairs. A Property and financial LPA will come into effect as soon as it is registered which means that the attorney will be able to start making decisions about property and financial affairs straight away, if that is the wish of the donor.
- Health and Welfare LPA which gives an attorney the power to make decisions regarding the consent for medical treatment and care. It is not possible to use a health and welfare LPA until the person who made it has lost their mental capacity, through illness or accident, but it must be registered with the Office of the Public Guardian before it can be used.
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 Enduring Powers of Attorney have been replaced by Lasting Powers of Attorney (LPA) – EPAs remain valid, whether or not they have been registered at the Court of Protection, provided that they were fully signed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.
Chartered Legal Executive & Joint Head of Wills, Trusts & Estate Administration (Lower Earley, Reading)
Solicitor, Notary Public & Joint Head of Wills, Trusts & Estate Administration (Henley-on-Thames)
Our Wills, Trusts & Estate Administration team can help you with create, register, alter or enforce Powers of Attorney.