The Mental Capacity Act 2005 revoked the Enduring
Power of Attorney Act 1985 and as from 1st October 2007 it will no longer be
possible to create Enduring Powers of Attorney. A new form of Lasting Power of
Attorney (LPA) has been introduced and, in addition to making decisions about
your finances, you can appoint your chosen Attorney to make important decisions
about your medical treatment and long term health care.
Everyone over the age of 18 can make a LPA
provided they understand how to make it, the choices they can make and the power
that it gives. It is very important you understand the implications and this is
why an LPA must be set up before you lose mental capacity.
The person(s) you choose could be a member of
your family, a trusted friend or a legal advisor and you can nominate different
Attorneys to assume responsibility for different decisions i.e. an Attorney for
your finances and an Attorney for making decisions relating to your personal
welfare. If you choose more than one Attorney for each area then you must decide
whether the appointment is a joint appointment in which case the Attorneys all
have to act together or a joint and several appointment when they can act
together or individually.
LPA – Property and Affairs
Your Attorneys will have similar powers to those
permitted under Enduring Powers of Attorney. For example operating a bank
account, rearranging your investments and selling property. Your Attorney is not
permitted to make gifts on your behalf other than those that you have made on a
regular basis e.g. Christmas and Birthday gifts to the family or regular
charitable donations.
LPA – Personal Welfare
Your Attorney will have power to make decisions
about your health care and medical treatment e.g. where you should live and who
looks after you on a day to day basis; consenting to or refusing medical
examination and treatment.
In both forms of LPA you can add restrictions or
conditions to areas where you would not wish the Attorney to have the power to
act.
Your LPA must be registered with the Office of
the Public Guardian before it can be used and an unregistered LPA will not give
your Attorney any legal powers to make a decision for you. You can register the
LPA while you are still capable or the Attorney can apply to register the LPA at
any time.
We can advise on setting up the Lasting Powers of
Attorney and on the application for registration.
All existing, valid forms of Enduring Power of
Attorney will still be recognised and enforceable.
Please contact Kate Wombwell or Richard
Hildrow who are located at our town centre office on Southway, Colchester, on
01206 578282 or Susanne Grimwade who is based at our out of town office on the
Severalls Business Park, on 01206 835300.