Powers of Attorney

A Power of Attorney is a legal document that lets you (the ‘Donor’) appoint people (your ‘Attorneys’) to make decisions on your behalf.

Enduring Powers of Attorney (EPAs) have been replaced by Lasting Powers of Attorney (LPAs). EPAs can still be used if they were made and signed before October 2007. However, the Attorneys must register the EPA if the donor is losing, or has lost the ability to make their own decisions.

There are two types of LPA:

• Property and financial affairs
• Health and welfare

You can choose to make one type or both. You must be 18 or over and have mental capacity – the ability to make your own decisions – when you make an LPA.

LPAs must be registered with the Office of the Public Guardian.

If a person is not able to make their own decisions, a ‘Deputy’ can be appointed by the Court of Protection instead.

Property and Financial Affairs LPA

This lets you choose one person or more to make decisions about money and property for you including:

• Paying bills
• Claiming benefits
• Selling your home
• Managing your bank accounts
• Investing money on your behalf

This type of LPA can be used as soon as it is registered, with your permission. For further information about registration, please see below.

Health and Welfare LPA

A Health and Welfare LPA allows you to choose one person or more to make decisions about things like:

• Your daily routine (eg eating and what to wear)
• Medical care
• Moving into a care home
• Life-sustaining treatment

This type of LPA can only be used when you are unable to make your own decisions. It must be registered with the Office of the Public Guardian (please see below).

Choosing Your Attorney

When choosing an attorney, think about:

• How well the person looks after their own affairs, eg their finances
• If you trust them to make decisions in your best interests
• How happy they will be to make decisions for you

Your attorney can be anyone 18 or over including:

• A relative or friend
• A professional such as a solicitor
• Your husband, wife or partner

For your protection, other people chosen by you should be told about your LPA. These people will be listed in your LPA.

Registering LPAs

LPAs can only be used if they have been registered by the Office of the Public Guardian. This usually takes up to 8 weeks.

Before registration, a ‘notice of intention to register’ must be sent to all the people to be told about the LPA. They have 3 weeks to raise any concerns.

Clients often ask us...