Lasting Powers of Attorney became available in October 2007 when the Mental Capacity Act of 2005 came into force. Before then an Enduring Power of Attorney could be made and any made before October 2007 are still valid. Both Lasting Powers of Attorney and Enduring Powers of Attorney continue to be valid if you become unable to make decisions yourself, unlike a General Power of Attorney which can then no longer be used.

An Enduring Power of Attorney can only be used to make decisions on behalf of someone else in connection with matters relating to property and financial matters.

There are two types of Lasting Power of Attorney (LPA):
Property and Financial Affairs
Health and Welfare

PROPERTY AND FINANCIAL AFFAIRS With this type of LPA an Attorney can make sure all bills are paid, bank and savings accounts are managed and all income or benefits are claimed. It applies to any kind of financial matter, and includes authority to buy and sell houses, shares and other assets or investments. It is possible to appoint more than one Attorney, or to appoint someone to act as your Attorney only if your original choice is unable to act. You can also restrict what your Attorney can do for you, or apply conditions as to what can be done. Guidance can also be included so that your Attorney is aware of your wishes relating to your financial matters. This type of LPA cannot be used until it has been registered with the Office of the Public Guardian. Once registered, this LPA can be used whether you are able to make decisions yourself or not. It is possible to include a condition that the LPA is not to be used unless you are unable to make financial decisions yourself.

HEALTH AND WELFARE This type of LPA gives an Attorney authority to make decisions on behalf of another person relating to such things as whether an operation or other medical treatment should be carried out or not. It also gives authority to the Attorney to decide where the Donor should live. An Attorney can be given authority to give or refuse authority to treatment that may be life sustaining. A Health and Welfare LPA can only be used once it has been registered with the Office of the Public Guardian AND the Donor is mentally incapable of making such decisions themselves. Granting a Lasting Power of Attorney, whether for Property and Financial Affairs, Health and Welfare or both types is a very important decision and should not be done without careful consideration and understanding of what and LPA can allow another person to do for you. Contact Whitaker Firth for clear and independent advice.