Lasting Powers of Attorney

A Power of Attorney is a legal document where a person gives another person or persons (the Attorneys) power to sign and conduct legal formalities and make other decisions on their behalf. From 1 October 2007 this is called a Lasting Power of Attorney.

There are two types of Lasting Powers of Attorney:-

Property & Affairs Lasting Power of Attorney which allows your Attorney to have authority to deal with property and finances as you direct; and

Welfare Lasting Power of Attorney which allows your Attorney to make welfare and healthcare decisions on your behalf when you no longer have the mental capacity to do so yourself. If you wish this could include giving or refusing consent to life sustaining treatment in certain circumstances.

A Power of Attorney is an important document and you should take great care in choosing your Attorneys. They should be trustworthy and have applicable skills to make the decisions that you are entrusting to them. You can appoint more than one Attorney to act together or separately and can also choose a successor Attorney if your first choice dies or otherwise cannot act for you.

There are formalities to the completion of a Lasting Power of Attorney and they must be signed by you and your Attorney and witnessed. In addition someone else must certify that you understand the nature and scope of the Lasting Power of Attorney and have not been unduly pressured in to make the power.

The Lasting Power of Attorney must then be registered with the Office of Public Guardian before it can be used. A Financial Lasting Power of Attorney can be used before you lose the mental ability to deal with your own finances but also if you lack the capacity to make financial decisions yourself. A Welfare Lasting Power of Attorney can only be used if you lack mental capacity to make welfare or medical decisions.

Existing Enduring Powers of Attorney made before 1 October 2007 will continue to be valid but only apply to your property and affairs. If you wish someone to have authority over your health or welfare you will need to make a Welfare Lasting Power of Attorney.