There is a way to make sure your affairs are always looked after, even if you can’t manage them yourself, and that is through drawing up a Power of Attorney, as follows.
Specific Power of Attorney
You can give a person a Power of Attorney to deal with specific assets or property for a short time, if, for example, you are out of the country.
Lasting Power of Attorney (“LPA”)
You can also give someone a Lasting Power of Attorney. This legal document lets you appoint a person or persons you trust as your “Attorney(s)” to make decisions on your behalf. It can be drawn up at any time while you have capacity, but it has no legal standing until it is then registered with the Office of the Public Guardian.
You can create two types of LPA, namely:-
a) A Property and Affairs LPA which deals with decisions about your money and
your property and affairs; or
b) A Personal Welfare LPA which deals with decisions about your healthcare and welfare.
We can provide you with advice and assistance generally on the completion of the very extensive LPA forms. We can meet with clients in their own homes or at Residential Care Homes within the Harrow area. In certain circumstances, we may be able to offer ourselves as the “Certificate Provider” which is required by the LPA forms.
Enduring Power of Attorney (“EPA”)
The LPA replaced the EPA on 1st October 2007. An Attorney given power under a valid EPA before 1st October 2007 can still use it after that date. The Attorney has a duty to apply to register the EPA as soon as they believe that the person who appointed him/her is becoming or has become mentally incapable of making their own financial decisions. We can provide advice and assistance on this matter.
The Office Of The Public Guardian
Appointment of a Deputy
If you did not make either a valid EPA or LPA, and you lose capacity to make decisions on these areas for yourself, someone else may apply to the Court of Protection for the power to be appointed as your “Deputy” in order to make those decisions for you. This is really something of a last resort but we can certainly provide advice and assistance on the matter.
For More Information
For further advice in relation to any of the above matters, please call Patricia Alleyne or Grazyna Scotford on 0208 864 0722 or e-mail: