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Incapacity (either mental or physical) as a result of an accident, illness or simply old age is distressing not only for the individual but also the entire family. Many aspects of life are affected and the management of personal matters could become difficult and worrying. The team at Miller Sands, Ryan Hawthorn, Katharine Barkas and Faye Murphy, can help you plan for the future and this kind of eventuality. They can prepare a Power of Attorney and provide advice in relation to the different types.
Power of Attorney
This is a formal arrangement by which one person (“the donor”) gives another person (“the attorney”) authority to act on their behalf and in their name, with regard to managing their affairs in respect of money and property. However, an ordinary Power of Attorney becomes invalid if the donor loses their capacity to make the type of decisions covered by the power. Ordinary powers are likely to be cost effective for short-term needs such as giving authority to someone to look after affairs whilst the donor is abroad for a known length of time.
Enduring Power of Attorney
On 1st October 2007, Lasting Powers of Attorney (LPA) replaced Enduring Powers of Attorney (EPA). EPAs completed before that date continue to be valid even if they have not been registered with the Court of Protection and can still be registered, but no new EPA can be created.
Lasting Powers of Attorney
A Lasting Power of Attorney (LPA) enables a person aged over 18 (the donor) to appoint another person or persons (attorneys) to act on their behalf. There are two types of LPAs, which can be entered into separately or together. The first is the Property and Affairs LPA, which relates to property, finances and other assets. The second is the Health and Personal Welfare LPA and relates to decisions regarding where you live, day-to-day care, diet, dress and medical treatment.
It is now possible to appoint up to five different attorneys, to nominate alternative attorneys and specify different roles for different attorneys. The attorney’s role can also be restricted.
An LPA must be registered with the Office of the Public Guardian before use, whatever the mental capacity of the donor. A fee is payable. A Welfare LPA will only be effective once the Donor loses their mental capacity.
The new LPA forms appear to be more complex than the previous EPA forms; they are longer and more persons are involved in creating a valid power. The underlying law will also take longer to explain to the ‘parties’ to the document. In addition to ‘donor’, ‘witnesses’ and ‘attorney(s)’ a new role of “Certificate Provider” has been created. The certificate is of the capacity of the donor to make the power at the time of signing. The certificate can be given by someone who has known the donor for at least two years or someone who is qualified to certify capacity, for example a GP or solicitor.
Our experienced team of specialists, Ryan Hawthorn, Katharine Barkas and Faye Murphy will be happy to help you plan for the future. For further information contact us tel: 01223 202345 or email using the links highlighted.
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