Powers of Attorney

A Lasting Power of Attorney is a legal document that lets you appoint someone to make decisions about your welfare, money or property. It can be used at any time when you are not able to make your own decisions.

People who lack mental capacity need someone else to manage their legal, financial and health affairs. The Mental Capacity Act 2005 made provision for people to choose someone to manage not only their finances and property should they become incapable but also to make health and welfare decisions on their behalf. They will be able to do this through a Lasting Power of Attorney (LPA). LPAs replaced Enduring Powers of Attorney (EPAs) in 2007, when the Mental Capacity Act came into force.

There are two types of LPA:

• Property and Financial Affairs LPA
• Personal Welfare LPA

A Property and Financial affairs LPA enables someone you trust (the attorney) to make decisions on your behalf about your property and affairs at a time when you are no longer able or lack the mental capacity to take those decisions yourself.

A personal welfare LPA allows the person/s you have chosen as your attorney to make decisions on your behalf about your personal welfare, e.g. where you live. It can include the power for the attorney to give or refuse consent to medical treatment if this power has been expressly given in the LPA.

Some of our clients require Powers of Attorney and Court of Protection Orders. These are normally granted to enable relatives to administer the affairs of the elderly or infirm who are unable to manage their own affairs. We advise on the most appropriate and cost effective solution and if the role is too onerous for a member of the family then a partner in Owen White & Catlin will be happy to be appointed to help.

Anyone aged 18 or over with the capacity to do so can make an LPA appointing one or more attorneys to make decisions on their behalf. It is sensible to make an LPA as early as possible as it provides an opportunity to put in writing your personal wishes about what you want to happen should your abilities deteriorate. Also a Property and Financial Affairs LPA can be used any time after registration (if the donor permits) even if the donor hasn't lost capacity and so is a very practical document for when the donor is away or not physically well.

For further information, see our guide on LPA below.