Enduring Powers of Attorney

Many will be familiar with the premise of an Enduring Power of Attorney and the need to appoint a trusted person to manage your affairs.  However, Enduring Powers of Attorney were abolished on 1 October 2007 and replaced with Lasting Power of Attorney.  Whilst they have similarities, their usages and implementation are very different. 

You can no longer create an Enduring Power of Attorney but, if you drafted one prior to 1 October 2007, this will continue to be valid and usable.  You also cannot amend an Enduring Power of Attorney and if you wish to make any amendments (such as changing an attorney) you will need to draft Lasting Powers of Attorney instead. 

A common misconception is that Enduring Powers of Attorney provide attorneys with the ability to manage financial matters and health matters; this is incorrect.  Enduring Powers of Attorney relate only to financial affairs and the appointed attorneys will have no authority in connection with health and welfare.

An Enduring Power of Attorney also needs to be registered with the Office of the Public Guardian before it can be used on behalf of a person who has lost capacity.  This means that, if your loved one is beginning to lose capacity and you need to start managing their finances, you can’t until the document has been registered.  This process can take anywhere between 6 – 12 weeks and the prospect can be very frustrating. 

Despite this, you can continue to use an unregistered Enduring Power of Attorney for someone who still has mental capacity. However, attorneys have a duty to register the document as soon as the owner begins to lose mental capacity.

It is for the reasons above that Enduring Powers of Attorney were replaced.  When you create Lasting Powers of Attorney, you can choose between finances, health or both.  Lasting Powers of Attorney are also registered immediately with the Office of the Public Guardian to ensure, when needed, the documents are ready for immediate use. 

Should you need assistance with registering Enduring Powers of Attorney or their use in general, please contact our Estate administration department.

Have you got a Power of Attorney?

Have you got a Power of Attorney?

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is potentially a very important document. It enables you to give a legal authority to look after your affairs when you no longer can.

“One in three over-65s die with dementia”

It can give you great peace of mind knowing that someone can manage your financial affairs and pay important bills, and make decisions on your behalf.

If you lose mental capacity and do not have a LPA someone would need to apply to court to be appointed as a Deputy. This is a long and expensive process and best avoided.

There are two types of LPA. One to look after your Financial and Property affairs and the other your Health and Welfare.

You can choose whether a LPA comes into force immediately after you have signed it, or when you have lost mental capacity. You can appoint family members and/or trusted friends and specify how they should work together to make decisions on your behalf.

The important thing to remember is that you cannot create a LPA when you have lost mental capacity. Therefore it is always best to have one in place just in case. If you are interested in making a LPA please contact one of our specialist lawyers and they will be happy to talk through the process with you.