Powers of Attorney
When you draw up a power of attorney, it’s because you want to give someone else the ability to manage your affairs or make decisions on your behalf.
The most common types are as follows:
Lasting Powers of Attorney (LPA)
Introduced in October 2007, there are two types of LPA: one deals with the management of your property and financial affairs, the other with your personal welfare.
We can advise on preparing these documents, and on registering them with the Office of the Public Guardian. We are also able to advise attorneys who have been asked to deal with the affairs of another person, and can act as attorneys where there is no one else suitable to be appointed.
Enduring Powers of Attorney (EPA)
Whilst it hasn’t been possible to make an EPA since October 2007, an EPA correctly completed before this date should still be valid.
We can advise on registering an EPA with the Office of the Public Guardian, and advise attorneys on their duties.
General Powers of Attorney
These documents are very straightforward, but they have limited use and actually become ineffective if the person granting the power of attorney loses the ability to manage their own affairs.
They can be useful, though, particularly if you only need an attorney to act for a short time or in limited circumstances. For example, you might choose to appoint an attorney to deal with the sale of a property whilst you’re overseas and contact might be difficult.
Anyone preparing a power of attorney must have the mental capability to do so; it can’t be done once that required level of capacity is lost. In those circumstances, there may be other options available (such as deputyships) which we’d be happy to discuss.
For more information on powers of attorney and to start a conversation on how we can help you please contact Glen Miles, Partner, Head of Vulnerable People, Private Client.