Whilst you are able to make decisions you may wish to consider how you would want your affairs dealt with if you become unable to manage owing to ill health or lack of capacity. By setting up a Power of Attorney you can appoint one or more people to assist you with your financial affairs, your health and welfare or to sign documents for you. There are different types of Power of Attorney - Ordinary, Lasting and Enduring.

An Ordinary Power of Attorney is only valid whilst you still have mental capacity to make your own decisions and is likely to be most appropriate in the following conditions:

• You wish someone to act for you temporarily e.g. whilst you are on holiday.
• You wish someone to act for you whilst you are able to supervise their decisions

If you wish someone to act for you when you lose capacity to make your own decisions and when you can no longer supervise their actions you need a Lasting Power of Attorney (LPA) which gives the attorney authority to make decisions about your property and financial affairs (and which can (if you wish) be used whilst you still have mental capacity) and a Personal Welfare LPA. which gives the attorney authority to make decisions about your healthcare and personal welfare and which can only be used when you have lost the capacity to make the relevant decisions yourself. Both types must be registered at the Office of the Public Guardian before the attorney can act.

No new Enduring Powers of Attorney (EPA’s) can be created but pre-existing ones made prior to 1st October 2007 are still valid. Attorneys acting under EPAs do not need to register the document at the Office of the Public Guardian unless the donor of the Power has become or is becoming mentally incapable of managing their affairs.

We can help you decide upon the Power of attorney that is best suited for you and in the case of Lasting Powers of Attorney guide you through the important decisions that need to be made and ensure that all appropriate safeguards are met.

We can assist with all key steps required to ensure that your Power of Attorney is effective including:

• acting as a certificate provider.
• registering an EPA or LPA with the Office of the Public Guardian ensuring that any required
  people are served beforehand.

We will be pleased to give advice to your chosen attorneys regarding their status and the principles that they must apply in accordance with The Mental Capacity Act, 2005.

In some cases if you have no family to act as an attorney you can appoint our partners to manage your financial affairs in the event that you become incapacitated.

For advice on Lasting Powers of Attorney please contact:

Ian Shipton on 01934 637 904 e-mail shipton@powellslaw.com, or
Jenny Brading on 01934 637 931 e-mail brading@powellslaw.com.