Powers of Attorney
At Clarke & Son, we advise and work with you to appoint someone to make decisions for you in the future should the need arise.
A general power lasts for 12 months and is specific to a need. For example to sell a property for someone. This could be if they are overseas, to operate a bank account and so on.
There are three types of Power of Attorney:
- An Enduring Power of Attorney (EPA). The EPA was purely in respect of finances and it could only be used where the donor could no longer make decisions for themselves. Existing EPAs can still be used, although new ones can not be made since the introduction of the Mental Capacity Act in October 2007.
- A Property & Affairs Lasting Power of Attorney (LPA), introduced on 1st October 2007, allows an attorney to have all authority over the donor’s property and affairs and can be used while the donor is still mentally capable.
- A Health & Welfare LPA gives the attorney authority concerning the donor’s personal welfare, such as medical treatment, social care, and medication or where the donor lives. This LPA can only be used when the donor cannot make these decisions for himself/herself.
Free LPA Consultation
We are offering a FREE initial advice meeting to help point you in the right direction with your LPA.
Registering an Enduring Power of Attorney (EPA)
An Enduring Power of Attorney (“EPA”) is a document relating to a Donor’s financial affairs. This will have been successfully completed before the 1st October 2007 when the Mental Capacity Act 2005 was introduced.
First of all the person who original makes an Enduring Power of Attorney is the Donor. Furthermore, if the donor becomes mentally incapable of managing their financial affairs an application to register the EPA is made. An application should be made to the Office of the Public Guardian (“OPG”) using the prescribed form which we can advise you upon.
Before making the application to the OPG notice needs to be served. This is by the Attorneys upon the Donor and at least three of the Donor’s relatives. The notices are on prescribed forms which we can provide. There is a strict authority and priority in relatives that are informed.
There is a strict constraint on when the notices should be served and the timing of the actual registration.
The EPA will automatically come to an end on the death of the Donor. As a result the OPG will be informed in the event that the EPA has been registered with them.
Property & Affairs Lasting Power of Attorney
A Lasting Powers of Attorney is a document that you sign while you are able. This instructs your attorney to help you make decisions with regard to your property and financial affairs should the need arise. You do not need to be mentally incapable of making such decisions for yourself. It may be that you just need some help such as:
- Buying or selling a property
- Opening, closing or operating any bank, building society or other account.
- Giving access to financial information.
- Claiming, receiving and using (on the Donor’s behalf) all benefits, pensions, allowances and rebates (unless the Department for Work and Pensions has already appointed someone and everyone is happy for this to continue)
- Receiving any income, inheritance or other entitlement on behalf of the donor
- Dealing with the Donor’s tax affairs
- Paying the Donor’s mortgage, rent and household expenses
- Insuring, maintaining and repairing the Donor’s property
- Investing the Donor’s savings
- Making limited gifts on the Donor’s behalf
- Paying for private medical care and residential care or nursing home fees
- Applying for any entitlement to funding for NHS care, social care or adaptations
- Using the Donor’s money to buy a vehicle or any equipment or other help they need
- Repaying interest and capital on any loan taken out by the Donor.
The power does not give the attorney authority to make gifts unless on customary occasions, nor can they make a Will for the donor or litigate.
The process of making this LPA includes a meeting with one of our Specialists to take your instructions and to guide you through the legal requirements of the forms. We can also advise you on options.
Health & Welfare Lasting Power of Attorney
A Lasting Powers of Attorney for Health and Welfare is a document that you sign while you are able. This is instructing your attorney to help you make decisions with regards to your health and welfare should the need arise. You do need to be mentally incapable of making such decisions for yourself.
It may be that you will need help such as:
- Where you should live and who you should live with
- Your day to day care, including diet and dress
- Who you may have contact with
- Consent to or refusing medical examination and treatment on your behalf
- Arrangements needed for medical, dental or optical treatment
- Assessments for and provision of community care services
- Whether you should take part in social activities, leisure activities, education or training
- Your correspondence and papers
- Rights of access to personal information about you; or
- Complaints about your care or treatment.
The donor must choose whether to give/not give their attorney the authority to give/not give consent to life-sustaining treatment. The attorney does not have the authority to authorise euthanasia.
The process of making this Lasting Powers of Attorney includes a meeting with one of our Specialists to take your instructions and to guide you through the legal requirements of the forms. We can also advise you on options.