Lasting Powers of Attorney
12 Nov 2009
"Who can make decisions for me if I am unable to make them for myself?"
Have you considered who will make decisions regarding your finances and property if you become unable to make them for yourself? What about decisions regarding your welfare? Would you want to be able to limit the decisions someone could make? Or provide them with guidance as to your wishes?
Alternatively, do you have an elderly friend or relative for whom you have concerns? Do they need your help in managing their financial affairs?
Appointing an Attorney allows you to make these decisions in advance, giving you peace of mind that your interests will be protected by someone that you know and trust when you are at your most vulnerable.
You may have heard that the Government has changed how you appoint your Attorney. As from October 2007, Enduring Powers of Attorney have been replaced by Lasting Powers of Attorney.
Don't worry if you have already made an Enduring Power of Attorney. These are still valid and can still be operated.
There are a number of differences between Enduring Powers of Attorney and the new Lasting Powers of Attorney.
- There are two different types of Lasting Power of Attorney. One deals with your finances and property and the other deals with your personal welfare.
- The Government has introduced the concept of a Certificate Provider. This is a person, either one of your friends or a professional, who certifies that you have the capacity to make a Lasting Power of Attorney.
- You have greater scope to say what decisions your Attorney can make and provide guidance on how they should make such decisions. This can be particularly important if you have strong feelings about, for example, financing long term care for yourself or you have specific wishes in respect of medical treatment.
- A Lasting Power of Attorney must be registered with the Office of the Public Guardian before it can be used by your Attorney. This is a significant change from Enduring Powers of Attorney and can delay your Attorneys being able to act on your behalf.
At Buss Murton Law, we are able to help you at every stage of appointing your Attorney. This includes:
- Providing initial advice as to the suitability of a Lasting Power of Attorney in your personal circumstances;
- Drafting the Lasting Power of Attorney documentation to accurately reflect your wishes;
- Registering the Lasting Power of Attorney with the Office of the Public Guardian;
- Being a Certificate Provider for your Lasting Power of Attorney(1);
- Acting as your Professional Attorney; and
- Advising your Attorney on dealing with the day-to-day operation of your Lasting Power of Attorney and management of your affairs.
(1) We cannot be a Certificate Provider if you wish for one of our solicitors to act as your Professional Attorney.
Reshma Field is a partner in Private Client and can be contacted on 01892 502320 or rfield@bussmurton.co.uk