Powers of Attorney - Who will manage your affairs if you have a serious accident or illness?

But if you wait until you reach that point before setting one up, the chances are that it will be too late. Act now. It will not make any difference to your life now. It will simply mean the power of attorney is set up in the background ready, in case it’s needed.

There are three types of power of attorney:

Enduring Power of Attorney (EPA)
These were available until 30 September 2007 and gave the power to someone else to manage your affairs.  When you become mentally incapable the person appointed must register this EPA with the Office of the Public Guardian. Whilst you are still capable of making your own decisions there is no need to register the power but your attorney must act in your best interests and consult you where appropriate regarding any decisions to be made.

Lasting Power of Attorney – Property and Affairs (LPA)
From 01 October 2007 this LPA was available and you can give power to someone else to manage your financial affairs.  Restrictions and conditions can be placed on the attorney and the LPA must be registered with the Office of the Public Guardian before it can be used.   The attorney must consult with you when making decisions if you have mental capacity and act in your best interests.

Lasting Power of Attorney – Welfare (LPA)
From 01 October 2007 this was available for you to give power to someone else to make welfare decisions on your behalf.  It must be registered with the Office of the Public Guardian before use and you must be consulted if you have mental capacity.  Restrictions, conditions and guidance can be included in the LPA to cover all your welfare aspects including refusal and consent to medical treatment and whether artificial nutrition or hydration be allowed or refused.  It can also cover your day-to-day requirements such as where you live, diet and religion.

The new LPA’s must be ‘donated’ willingly by you whilst you are fully aware of your actions.  If this is not possible the Office of The Public Guardian can appoint someone for you.  This could be a friend, relative, solicitor or an accountant but there is no guarantee that it would be the person you want.

Keep things simple with straightforward advice and guidance
At HilliersHRW we can talk you through the process now. We can also offer guidance and assistance if you already have an attorney or are appointed as such and just need advice.

If you are considering making an LPA please also ask regarding our Wills leaflet. Attorney’s powers stop upon death and it is just as important to appoint your executors to carry on dealing with your affairs.

Powers of Attorney are important documents for both you and your attorney.  Call us today on 01234 858000 or 01438 346000 and keep your future in safe hands.

If you’re setting up a power of attorney, it a very good idea to have a Will. Find out more about making a Will.