Lasting Powers of Attorney Solicitors

General Power of Attorney

This is the simplest document and can only be used to give power over the Donor’s property and financial affairs. This type of document is useful for short-term needs, for example if the Donor is going away and wishes the Attorney to manage their affairs during that time. This does not stop the Donor from managing their own affairs and the Attorney will be accountable to the Donor for whatever decisions or actions made on the Donor’s behalf.

Enduring Power of Attorney

It is no longer possible to make this type of Power of Attorney, however EPAs that were made in previous years will still be valid and will remain so until cancelled or if the Donor dies. An EPA will cover the Donor’s property and financial affairs and will allow the Attorney to make decisions on the Donor’s behalf, but does not stop the Donor making these decisions themselves. However, if the Donor becomes mentally incapable of managing affairs themselves, the power given to the Attorney “endures” through the Donor’s illness so that the Attorney can carry on dealing with the finances on the Donor’s behalf.

This document has replaced the Enduring Power of Attorney. There are two types of LPAs: “Property and Financial Affairs” and “Health and Welfare.” These documents allow the Attorney to make decisions on the Donor’s behalf in the same way as the EPA did for property and financial affairs, but the second document extends the Attorney’s powers to include decisions relating to the Donor’s health and wellbeing. These documents need to be validated at the Office of the Public Guardian before the power becomes active. Again, if the Donor becomes unable to manage their affairs themselves then the Attorney will continue to make the decisions of the Donor’s behalf.

The Donor must be over the age of 18 and must understand the following:

1. Understand the power they are giving to the Attorney

2. Understand the possible consequences of allowing an Attorney to deal with their affairs

3. Be aware of their assets and responsibilities

4. The document is the Donor’s choice – not because the Attorney is telling them they must

If the Donor understands the power they are giving to the Attorney, then no, somebody else cannot make an LPA. If the Donor is mentally capable, then they can make the LPA themselves.

A change in address will not affect the document unless the Donor moves outside of the UK.

The powers given under an EPA and a registered LPA for Property and Financial Affairs include:

• Buying and selling their house
• Opening, closing and operating their bank and building society accounts
• Buying, selling and dealing with their investments
• Claiming any benefits that the Donor is entitled to, such as their Pension or Attendance
• Allowance, and receiving and/or using any such benefits
• The Attorney must support and help the Donor to reach decisions. The Attorney must have regard to any note of guidance or instruction that the Donor may have included in the LPA
• The Attorney cannot make a Will or vote on the Donor’s behalf
• Unless the Donor gives the Attorney the power to, the Attorney cannot have access to the
• Donor’s Will.

Those for an LPA for Health and Welfare will include:

Giving or refusing consent to particular types of healthcare
Liaising with Social Services about care packages to enable the Donor to stay in their own home, or, if necessary, finding a suitable residential care or nursing home
Every day decisions such as what the Donor should wear or what meals they will have
The Attorney must support and help the Donor to reach decisions. The Attorney must have regard to any note of guidance or instruction that the Donor may have included in the LPA

Yes. The Donor must appoint someone to act as their Certificate Provider. That is someone who will go through the document with the Donor and ensure they understand the powers they are giving to the Attorney. The Certificate Provider will then sign the document to confirm that they are satisfied that the Donor understands the purpose of the LPA.

It is not compulsory, however it is advisable to notify at least one other person so that they can raise any concerns that they might have about the proposed Attorney at the time of registration.

The Donor can appoint as many Attorneys as they wish, however they need to bear in mind that the Attorneys must get along together. The Attorneys deal with specific matters such as:

• Joint – All chosen Attorneys must make decisions and sign documents on the Donor’s behalf regardless of the geographical distance between them.
• Joint and Individual – Any one of the Attorneys can make decisions and sign documents on the Donor’s behalf without reference to any of the others
• A mixture –The Donor may wish for two of the Attorneys to act jointly on decisions concerning a particular matter. The Donor would need to make the instructions clear as to who can do what and when.

Whilst someone may be perfectly capable of managing their affairs right now, illnesses and accidents can happen. The preparation of this document forms part of a person’s forward planning.