Powers of Attorney

We can advise you on:

Lasting Powers of Attorney (LPAs): In 1985, the Enduring Powers of Attorney Act made it possible to appoint a person or persons of your own choosing to administer your affairs in the event of mental incapacity. The Mental Capacity Act replaced Enduring Powers of Attorney with Lasting Powers of Attorney which came into effect in 2007. There are two types of Lasting Power of Attorney, one for property and financial affairs and one for health and welfare.

Registration of Enduring Powers of Attorney (EPAs): If you had already made an EPA before Lasting Powers of Attorney came into effect, it is still valid. However, if an Attorney has reason to believe that the person who appointed them Attorney has become or is becoming mentally incapable of managing their affairs, then they must apply to the Court of Protection for registration of the power.

General Powers of Attorney: A person can appoint someone to be their Attorney under a General Power of Attorney. The problem with these is that they cease to have effect when the person who gave the power becomes mentally incapable.

Deputyships: Where no LPA or EPA exists and a person is incapable of managing their affairs, then an application may need to be made to the Court of Protection for the appointment of a Deputy.

For more information please call us or make an enquiry using our online enquiry form.