Incapacity (whether 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 can become difficult and worrying. The team at Miller Sands can help you plan for the future and this kind of eventuality. We can prepare a Power of Attorney and provide advice in relation to the different types.
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. A Property and Affairs LPA relates to property, finances and other assets. A Health and Personal Welfare LPA relates to decisions regarding where the donor lives, day-to-day care, diet, dress and medical treatment.
An LPA must be registered with the Office of the Public Guardian before use, and can be registered at any time whatever the mental capacity of the donor. A registration fee is payable to the Office of the Public Guardian, currently £82 per LPA. Of course, your Attorneys may not need to use it unless you lose capacity, but if you do, it is ready to be used without delay. A Health and Welfare LPA will only become effective if the donor loses their mental capacity.
Enduring Power of Attorney
If you have an existing Enduring Power of Attorney (EPA) made prior to 1 October 2007, then your attorneys must apply to register it if you start to lose capacity. They can then use it in a similar way to a Property and Affairs LPA to deal with banks and pay bills on your behalf. We can help guide your attorneys through the registration process.