Lasting Powers Of Attorney

The Enduring Power of Attorney was replaced by Lasting Powers of Attorney on 1st October 2007.  Whilst no more Enduring Powers of Attorney can now be made, those already made before this date may still be used and, where necessary, may be registered as before if the Donor of the power loses mental capacity.

The Lasting Powers of Attorney now come in two different forms. One covers your property and affairs (covering similar issues to the old Enduring Power of Attorney) and the other covers welfare issues. You will not necessarily require both but any Lasting Power of Attorney made will need to be registered with the Office of the Public Guardian BEFORE it can be used.

The powers may be modified and restricted to suit your needs but below are examples of the types of decision that can be made on your behalf under each type of Lasting Power of Attorney if unrestricted.

Types of decisions that can be made with an unrestricted Property and Affairs Power

1. Buying or selling property.
2. Opening, closing or operating any bank, building society or other account.
3. Giving access to the donor’s financial information claiming, receiving and using (on the donor’s behalf) all benefits, pensions, allowances and rebates.
4. Receiving any income, inheritance or other entitlement on behalf of the donor.
5. Dealing with the donor’s tax affairs.
6. Paying the donor’s mortgage, rent and household expenses.
7. Insuring, maintaining and repairing the donor’s property.
8. Investing the donor’s savings.
9. Making limited gifts on the donor’s behalf.
10. Paying for private medical care and residential care or nursing home fees.
11. Applying for any entitlement to funding for NHS care, social care or adaptations.
12. Using the donor’s money to buy a vehicle or any equipment or other help they need.
13. Repaying interest and capital on any loan taken out by the donor.

Types of decisions that can be made with an unrestricted Welfare Power

1. Where the donor should live and whom they should live with.
2. The donor’s day-to-day care, including diet and dress.
3. Consenting to or refusing medical examinations and treatment on the donor’s behalf.
4. Arrangements needed for the donor to be given medical, dental or optical treatment.
5. Assessments for and provision of community care services.
6. Whether the donor should take part in social activities, leisure activities, education or training.
7. The donor’s personal correspondence and papers.
8. Rights of access to personal information about the donor.
9. Complaints about the donor’s care or treatment.

We can help you with the making of a Lasting Power of Attorney and also with the registration process that must be carried out before the Lasting Power of Attorney can be used. We can also assist you with the registration of an existing Enduring Power of Attorney.

If you wish to discuss Lasting Powers of Attorney, or Enduring Powers of Attorney that are already made, please contact Nikki Barnes on 01744 457151 (Direct Dial) or via our switchboard on 01744 454433.