Powers of Attorney
It is well known that a Will dictates how property and assets are distributed on death. What is the position when someone is alive but unable or incapable of dealing with their affairs? As from the 1st October 2007 it has been possible in advance of the onset of incapacity to make a Lasting Power of Attorney (LPA) appointing someone you trust to act on your behalf in relation to both your finances and your welfare i.e. where you should live in the future and for example, your wishes in relation to medical treatment and resuscitation. In relation to your finances, the Attorney can act both before and after you lose capacity. In relation to your welfare an Attorney can only act when you have lost capacity. The Power can only be used if it has been registered at the Office of the Public Guardian (OPG). The procedure for appointing an Attorney is complicated as it includes the necessary safeguards to protect what could be a vulnerable person. Prior to the introduction of the LPA it was possible to make an Enduring Power of Attorney (EPA). EPAs are still valid for use and in the event of incapacity intervening, an EPA must be registered with the PGO but only at that stage.	Although the changes made have considerably increased the cost of appointing an Attorney, the alternative - the appointment of a Deputy (formerly known as a Receiver) - is also a complicated and expensive process with the disadvantage that the person incapacitated will not have any influence over who is appointed. Further, the Deputy will not have any power in relation to personal welfare issues. It is still possible to appoint an Attorney under the Power of Attorney Act 1971 but this type of Power becomes invalid if the maker becomes incapable. This Power is useful, for example if the donor lives overseas and documents require signature here and incapacity is not thought to be an issue. For further information please see the following www.publicguardian.gov.uk and www.ageconcern.org.uk If you would like assistance with the issues covered in this article then please telephone us for an appointment quoting LPA.

Powers of Attorney

It is well known that a Will dictates how property and assets are distributed on death.

What is the position when someone is alive but unable or incapable of dealing with their affairs?

As from the 1st October 2007 it has been possible in advance of the onset of incapacity to make a Lasting Power of Attorney (LPA) appointing someone you trust to act on your behalf in relation to both your finances and your welfare i.e. where you should live in the future and for example, your wishes in relation to medical treatment and resuscitation.

In relation to your finances, the Attorney can act both before and after you lose capacity. In relation to your welfare an Attorney can only act when you have lost capacity. The Power can only be used if it has been registered at the Office of the Public Guardian (OPG).

The procedure for appointing an Attorney is complicated as it includes the necessary safeguards to protect what could be a vulnerable person.

Prior to the introduction of the LPA it was possible to make an Enduring Power of Attorney (EPA). EPAs are still valid for use and in the event of incapacity intervening, an EPA must be registered with the PGO but only at that stage.

Although the changes made have considerably increased the cost of appointing an Attorney, the alternative - the appointment of a Deputy (formerly known as a Receiver) - is also a complicated and expensive process with the disadvantage that the person incapacitated will not have any influence over who is appointed. Further, the Deputy will not have any power in relation to personal welfare issues.

It is still possible to appoint an Attorney under the Power of Attorney Act 1971 but this type of Power becomes invalid if the maker becomes incapable. This Power is useful, for example if the donor lives overseas and documents require signature here and incapacity is not thought to be an issue.

For further information please see the following www.publicguardian.gov.uk and www.ageconcern.org.uk If you would like assistance with the issues covered in this article then please telephone us for an appointment quoting LPA.