A Guide to Power of Attorneys

Planning for the future is an important part of protecting your finances, wellbeing and loved ones. A Power of Attorney is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you become unable to do so.

There are different types of Power of Attorney available, including Lasting Powers of Attorney (LPAs) and older Enduring Powers of Attorney (EPAs). This guide explains how they work and why they are important.

Lasting Powers of Attorney (LPA)

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more trusted people (known as Attorneys) to make decisions on your behalf if you lose the mental capacity to make those decisions yourself.

There are two types of LPA:

Property and Financial Affairs LPA

This allows your Attorneys to make decisions about matters such as:

• Managing bank accounts
• Paying bills
• Buying or selling property
• Managing investments
• Handling other financial matters

Health and Welfare LPA

This allows your Attorneys to make decisions about matters such as:

• Your medical treatment
• Your day-to-day care
• Where you live
• The type of care or support you receive

These are separate documents, and you must complete both if you want Attorneys to make decisions in both areas.

Why should I make an LPA?

Many people assume that their spouse, partner or family member will automatically be able to manage their affairs if they become unwell. However, this is not the case.

If you lose capacity and do not have a valid LPA in place, your loved ones may need to apply to the Court of Protection to be appointed as a Deputy. This process can be lengthy, costly and more restrictive than an LPA.

Registering an LPA with the Office of the Public Guardian (OPG) can take several months, so it is important to plan rather than waiting until help is needed.

Choosing your Attorneys

Your Attorneys are the individuals you appoint to make decisions on your behalf.

You can appoint:

• One Attorney
• More than one Attorney
• Replacement Attorneys if your original Attorneys can no longer act

Your Attorneys must be over the age of 18 and should be people you trust completely to act in your best interests.

You can decide whether your Attorneys must act together (jointly) or together or separately (jointly and severally).

If you do not have family members or friends who are able to act, a partner from Wilson Browne Solicitors may be able to act as your Attorney, supported by our specialist team.

LPAs include a number of safeguards to help protect you.

Registration with the Office of the Public Guardian

Safeguards within a Lasting Power of Attorney

An LPA must be registered with the Office of the Public Guardian before it can be used.

Certificate Provider

A Certificate Provider must confirm that:

• You understand the nature and effect of the document
• You are not being pressured into making it
• You have the necessary mental capacity

A solicitor can act as your Certificate Provider.

Notification of others

You may also choose to notify specific individuals when your LPA is being registered. These individuals can raise concerns if they believe the LPA is not appropriate.

Health and Welfare Lasting Powers of Attorney

A Health and Welfare LPA allows your Attorneys to make decisions about your personal welfare if you lose mental capacity.

This may include decisions about:

• Where you live
• Your daily care and routine
• Medical treatment
• Access to your medical records
• Arrangements for care services
• Social and leisure activities
• Who you may have contact with

Your Attorneys can only make these decisions once you have lost mental capacity to make them yourself.

A Health and Welfare LPA can be particularly helpful if:

• Family members may disagree about your care
• You have a long-term partner who is not legally recognised as next of kin
• Your care needs are complex
• You have strong views about your future care or treatment

Viewing a Lasting Power of Attorney Online

The Office of the Public Guardian now provides a service that allows registered LPAs to be viewed online by organisations such as banks, utility companies and government departments.

After registration, the Donor or their Attorney receives:

• A reference number
• An activation key

Using these details, an online account can be created to generate a secure access code which can be shared with organisations. The code allows them to view a summary of the LPA for a limited period.

This system can help reduce the time it takes organisations to verify an LPA compared to sending paper copies.

Enduring Powers of Attorney (EPA)

What is an Enduring Power of Attorney?

Before 1 October 2007, people could create an Enduring Power of Attorney (EPA).

An EPA allowed someone to appoint a trusted individual to manage their financial affairs and property if they became unable to do so.

Although new EPAs can no longer be created, existing EPAs remain valid provided they were signed before October 2007.

If the person who made the EPA (known as the Donor) begins to lose mental capacity, the Attorney must apply to register the EPA with the Office of the Public Guardian.

During the registration process:

• Attorneys have limited authority to manage essential expenses
• Full authority is granted once the EPA has been registered

The Attorney must also notify the Donor and certain relatives that the application to register the EPA has been made.

Our team at Wilson Browne Solicitors can assist with EPA registration and provide guidance throughout the process.

Frequently Asked Questions

Our Private Client team has extensive experience helping individuals and families plan for the future. We provide clear, practical advice to ensure your wishes are properly documented and legally protected.

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