Lasting Power of Attorney

Property and Affairs

How would you manage your financial affairs if you were to suffer, say, an accident, a stroke or senile dementia?

If you have bank accounts, investments or property in your sole name then nobody else can access these, even to pay your bills on your behalf, without your prior authority. Even married couples can be left unable to deal with each other’s finances in this situation.

This is a problem which many of us do not wish to think about, but it can be handled with one document. This is known as a Lasting Power of Attorney.  This system replaced Enduring Powers of Attorney on 1st October 2007 and introduced a number of important safeguards to protect the donor.  A Lasting Power of Attorney allows the following: -

• It means you can grant authority to someone you trust – which could be your partner, a member of your family or a trusted friend – to help you to manage your financial affairs.
• You can appoint more than one person to act for you either jointly or as separate individuals.
• You can appoint replacement attorneys in case one or more of your chosen attorneys cannot act for you.
• You can place restrictions on what your attorneys are allowed to do for you, and you can give guidance in the power of attorney document which your attorneys should follow when managing your affairs for you.
• You decide when the power comes into operation - this could be immediately from the date the power is signed* or at a later date for example only if you lose the capacity to manage your own affairs.

* The Power must be registered with the Court of Protection before it can be used. It can be registered at any time, not just if you lose capacity.

What if I do not have a Lasting Power of Attorney?

• The alternative to a Lasting Power of Attorney is an application to the Court of Protection for a ‘Deputy’ to oversee your affairs on your behalf.
• The Court can appoint anyone they deem suitable – it may not necessarily appoint the person you would have chosen.
• The application can be a very lengthy and costly process, often taking longer than three months, and the Court will subsequently charge an administration fee every year.

Anyone over the age of 18 can make a Lasting Power of Attorney provided they can understand how to do so and what it does.

Rowlinsons can advise and assist with the preparation and registration of Lasting Powers of Attorney.

Personal Welfare

Who would make medical or welfare decisions for you if you were too ill to make decisions for yourself?

A Personal Welfare Lasting Power of Attorney (LPA) allows you to plan ahead by choosing one or more people to make decisions on your behalf regarding your personal healthcare and welfare.

This could involve some significant decisions, such as giving or refusing consent to particular types of health care, including medical treatment; or where you should live, or smaller day to day decisions such as what you should wear and what you should eat.

• Your welfare attorneys can only make these decisions for you if you are unable to make them yourself*. 
• You can appoint more than one person to make these decisions for you either jointly or as separate individuals. 
• You can appoint replacement attorneys in case one or more of your chosen attorneys cannot act for you. 
• You can place restrictions on what your attorneys are allowed to do for you, and you can give guidance in the power of attorney document which your attorneys should follow when making medical or welfare decisions for you. 
• If you want your Attorney(s) to have the power to make decisions about 'life-sustaining treatment', you must expressly give your Attorneys the power to make these decisions for you.

*The LPA must be registered with the Court of Protection before it can be used in this way.

Rowlinsons can advise and assist with the preparation of Lasting Powers of Attorney.