Lasting Powers of Attorney
What are Powers of Attorney?
A Lasting Power of Attorney is a legal document whereby a person (The Donor) gives another
person or persons (The Attorney) the power to make decisions on their behalf with
regard to their financial affairs and/or their health and personal welfare. It must be
registered with the Office of Public Guardianship to be valid.
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What is the difference between a Financial Affairs LPA
and a Personal Welfare LPA?
A Property and Financial Affairs LPA
This can give your attorney authority to deal with all financial affairs and is not
usually asset specific or time limited, in such circumstances an ordinary power would
be more appropriate.
The Property and Financial LPA must be registered before it is used, but you can use
it before the donor loses mental capacity.
A Personal Welfare LPA
This can be used for your attorney to decide where you live and about your day to
day care and treatment.
The Personal Welfare LPA cannot be used until the donor has lost mental capacity
and it must be registered.
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I have an Enduring Power of Attorney is it still valid?
If you made an Enduring Power of Attorney before 1st October 2007, it can still be
registered, and it is still valid. If you have an EPA, please note that this is in relation
to someone's property and financial affairs only.
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The person who made the Enduring Power of Attorney
(the donor) is showing signs of lack of mental capacity,
what should the Attorney do?
The power needs to be registered forthwith, as it will no longer be valid if the donor
loses capacity.
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Is an Ordinary Power of Attorney the same as
a Lasting Power?
No, an ordinary power of attorney is a temporary power for things like letting
someone manage your bank account / sell your house organise your tax affairs for
you while you are travelling or on holiday, it is for a specific reason intended to be
valid for a short period. A Lasting Power of Attorney is usually more general in its
application and as the name suggests is intended to last for a long period and once
valid remains valid despite a lack of mental capacity.
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Why and who should make a Lasting Power of Attorney?
Although it is considered a document which the older person should execute it is
important for all ages. It regularizes who can make decisions on your behalf if you
are unable either because of a mental or physical incapacity.
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Our Service to You
At Bramhall Solicitors we will meet with you to discuss your requirements as the
Donor, and also provide advice to your Attorney about their role and responsibility.
We will talk through the implications of the Ordinary or Lasting Powers of Attorney
with you and ensure that the documents are completed in a way which reflects your
wishes.
We can also take care of the registration of the Lasting Powers of Attorney for you,
and at no extra charge store the originals in our safes.
We are happy to arrange out of office hours appointments and attend where you are
residing to discuss matters with you.
