A Power of Attorney (POA) is a document whereby a person (the Donor) appoints one or more people (the Attorney(s)) to deal with their affairs.
As we get older there are times when either through choice or incapacity we need someone to deal with our affairs. This could be because of a physical or mental disability or simply due to our age.
Since October 2007 it has not been possible to make new Enduring Powers of Attorney however existing Enduring Powers of Attorney (EPA) remain valid. To enable someone to deal with your affairs it is now necessary to create a Lasting Power of Attorney.
There are two types – Property and Financial Affairs which would allow your Attorney to deal with bank accounts and sell your house and Health and Welfare which would allow your Attorneys, when you are not able, to make decisions about the care home you live in, who visits you, what you eat and most importantly life sustaining treatment if you have given them that power.
The procedure is more complicated and time consuming. Also it is now necessary for the Lasting Power of Attorney to be registered with the Court before it can be used by the Attorneys.
It is therefore essential that the POA is prepared in accordance with the prescribed procedure. When we prepare a Lasting Power of Attorney for you we will discuss the registration of the document with you.
If you do not have an Enduring Power of Attorney or Lasting Power of Attorney in place and your affairs need to be dealt with it will be necessary to make an application to the Court of Protection. Just so you are aware this is an expensive and lengthy procedure.