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Power of Attorney
A Power of Attorney is a legal document appointing someone of your choice to deal with your affairs.
There are several different types of Powers of Attorney:
- LPA (Lasting Powers of Attorney)
- Enduring Powers of Attorney
- General Powers of Attorney
Lasting Powers of Attorney (LPA)
There are two kinds of LPA:
Property and Financial Affairs – appoints a specific person to look after your finances. A deputyship is when you (or an elderly relative) no longer has mental capacity.
Health and Welfare – allows a relative or friend to make decisions about your welfare and medical treatment.
Enduring Powers of Attorney (EPA)
Prior to October 2007, an EPA appointed specific person(s) to deal with finances. It is no longer possible to draw up a new Enduring Power of Attorney but one drawn up prior to this date may still be valid.
General Powers of Attorney (GPA)
A GPA is a short document appointing a specific person to deal with all finances or a specific asset. A GPA usually only lasts for a specific time period and is automatically cancelled if the person who made it (“the Donor”) loses mental capacity.
Court of Protection and Deputyship
As stated above a person must have mental capacity in order to draw up a Power of Attorney of any kind. If that person lacks mental capacity and has not made a valid LPA or EPA then the Court of Protection may make an order authorising a specific person to make financial or health and welfare decisions on behalf of the person who has lost mental capacity.
A Living Will is a legal document setting out your specific wishes regarding your future medical care, while you are still alive. Click here for more information.
For more information on all types of Powers of Attorney and related issues, please contact our Family team on 01296 318 500.
Please download our Lasting Powers of Attorney PDF for more information.