Power of Attorney

The basic concept of power of attorney is giving another person the right to act on your behalf, either specifically or in a more general manner.

English Law formerly had a provision Enduring Power of Attorney (EPA) which gave a person the right to act for the donor of the power in their financial affairs, and to continue to do so even when if the donor has become mentally incapable. The EPA has now been replaced by the Lasting Power of Attorney (LPA).

There are two different types of LPA available to individuals who wish to make provision for the future:

Property and Affairs LPA : this allows you to choose someone you trust to make decisions about how to spend your money and the way your property and affairs are managed. Once registered, and unless you have put a restriction on it, this type of LPA can be used by your attorney(s) straight away.

Personal Welfare LPA : allows you to choose a person to make decisions on your behalf relating to your personal healthcare and welfare including decisions to give or refuse consent to treatment on your behalf and deciding where you live. These decisions can only be taken on your behalf when the LPA has been registered and you lack the capacity to make the necessary decision for yourself. This is similar to the current Living Will.

Whenever an attorney makes a decision under an LPA, by law they must act in the best interests of the donor who has given them the power.

An LPA can be made by anyone aged 18 or over but can only be used once it has been registered with the Office of the Public Guardian.