Power of Attorney
Lasting Powers of Attorney enable you to appoint an Attorney or Attorneys to act on your behalf if you lose capacity in the future providing peace of mind for both you and your family. They can be used to not only cover matters in relation to your financial affairs but also your future welfare and physical wellbeing. The Mental Capacity Act also makes it possible for you to make an advance decision to refuse treatment should you lack capacity.
If you became mentally incapable of managing your affairs then the Court of Protection would be able to appoint someone (“a Deputy”) to manage your affairs for you. A Lasting Power of Attorney is a way of avoiding this and would instead enable you to choose the person you would have to look after your affairs in the future. It is worth noting that it does not need to be a member of your family.
Lasting Powers of Attorney have replaced Enduring Powers of Attorney. All Enduring Powers of Attorney made on or before 30th September 2007 will remain valid until replaced with a Lasting Power of Attorney or revoked by the maker.