Up until 30th September 2007, if you wanted to give someone else authority to deal with your financial affairs you could make an Enduring Power of Attorney (EPA). Following the enactment of the Mental Capacity Act 2005, it is no longer possible to make an EPA. EPAs have now been repleced by Lasting Powers of Attorney (LPAs). Any EPAs which already exist will remain valid.
What powers does my attorney have?
Under an Enduring Power of Attorney, your Attorney has power to deal with your financial affairs. You may have placed restrictions on the actions your attorney can undertake, for example, limiting the EPA to certain property; or state that the EPA can only be used if you become mentally incapable.
You can make two types of Lasting Power of Attorney (LPA). Property and Affairs or Personal Welfare. These are separate documents and you can appoint different Attorneys in each. You can also appoint substitute Attorneys in the event that the person you have named is not able to act. You can place restrictions on the actions your Attorney can undertake and you can also give your Attorney guidance as to manner in which they should make decisions. This is important if for example, you have strong religious or moral beliefs which you would want your Attorney to adhere to. Before your Attorney can act under the authority given to him in an LPA, it must be registered with the Court of Protection. With Personal Welfare LPAs, some of the decisions your Attorney can make include where you should live and what medical treatment you should receive.
When you make an LPA, a certain category of person must provide a certificate confirming that you understand the purpose of the LPA and the scope of authority given by it and that no fraud or undue pressure is being used to induce you to create the LPA. We can provide the necessary certificate for you where we are not being appointed as your Attorney.
