Powers of Attorney

Ordinary, enduring or lasting

An Ordinary Power of Attorney is a document, by which you give another person ('the Attorney') the power to act on your behalf. This ceases to be effective, if you become mentally ill. An application to the Office of the Public Guardian ('OPG') for a Receivership Order needs to be made. This is an expensive procedure.

However, an Enduring Power of Attorney ('EPA') continues to be valid after you become mentally ill. It is simple to prepare and to operate. You do not need to hand over your affairs to the Attorney now. You can keep the EPA ready for future use

After April 2007, existing EPAs will be valid, but new ones have to be a Lasting Power of Attorney ('LPA').

Advantages - LPA attorneys (unlike EPA attorneys) can make decisions about your personal welfare, including healthcare and the document can include your wishes on life sustaining treatment, e.g. whether you would wish to be artificially fed.

Disadvantages:-

1. The LPA is a much longer form. It will take longer to complete. This increases costs.
2. An LPA (unlike an EPA) must be registered with the OPG before the Attorney can use it.
3. The OPG will charge a [not yet published] fee for registration
4. If you wish to revoke the LPA, change Attorney or the Attorney decides he no longer wish to act, the OPG must be informed.
5. An LPA must be in a prescribed form, there must be Îprescribed informationâ and a Îcertificateâ from a GP, a police officer, Solicitor or Teacher or someone other than a family member who has known you for at least 2 years, to confirm that you understand the LPA.
6. The Government may prescribe 2 forms - one for property / affairs (on which your Attorney can act immediately) and the other for personal welfare (where the Attorney cannot act until you lose mental capacity) ö this means 2 certificates, more paperwork and costs!

You may agree with us that it is a good idea to get an EPA signed now!

Call Vanessa Adamson on 01622 844607

Related topics you may find useful:

Enduring powers of attorney
Preparing for an infirm old age
Wills

Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to set up an appointment