Powers of Attorney

A Power of Attorney is a legal document whereby a person (the Donor) gives another person or persons (the Attorney) authority to make certain decisions on the Donor’s behalf.  There are various types of powers of attorney, which are outlined below.

An ordinary Power

• Ends if the Donor loses mental capacity
• Is limited to a 12 month period if it includes the delegation of powers the Donor holds as a trustee
• Is made under the Powers of Attorney Act 1971

An Enduring Power of Attorney (EPA)

• Can be used as an ordinary power whilst the Donor has mental capacity
• Continues despite the onset of mental incapacity but once the Donor is becoming mentally incapacitated it must then be registered with the Office of the Public Guardian
• Must have been made by the Donor before 30 September 2007 or is not valid
• Is made under the Enduring Powers of Attorney Act 1985

A Property & Affairs Lasting Power of Attorney (LPA)

• Gives your Attorney authority to deal with your property and finances, as you specify
• Must be registered with the Office of the Public Guardian before it can be used
• Can be registered even if the Donor still has mental capacity
• Continues despite the onset of mental incapacity
• Can only have been made since 1 October 2007
• Is made under the Mental Capacity Act 2005

A Personal Welfare Lasting Power of Attorney (LPA)

• Must be registered with the Office of the Public Guardian before it can be used AND
• Can only be used if the Donor has lost mental capacity
• Authorises the Attorney to make welfare and healthcare decisions on the Donor’s behalf
• Is capable of authorises the Attorney to give or refuse consent to the continuation of life sustaining treatment for the Donor
• Can only have been made since 1 October 2007
• Is made under the Mental Capacity Act 2005

For more information please contact us or see below for further details

Administration of a Donor's or Patient's affairs
Guide to Powers of Attorney
Is it time to register the Enduring Power of Attorney (EPA)?
Lasting Powers of Attorney
Capacity to make a Lasting Power of Attorney

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