Have you got a Power of Attorney (PoA)?

If not, should you have one? An Attorney is someone chosen by you to deal with your affairs if you are unable to look after things yourself. To be able to do this you have to give them Power of Attorney.  At Fraser Dawbarns, our lawyers help many people each year to decide which type of Power of Attorney then need and then to prepare the paperwork. Although this involves drafting a document, what it is actually doing is providing peace of mind for both the person making the PoA and those close to them who might be affected if they were unable to deal with their affairs.

Why might you need a PoA?

Choosing to have a Lasting Power of Attorney (LPA) in place protects you in case you become unable to make decisions about your affairs. However, a PoA can also be used for other temporary reasons. For instance, if you are going are going to be out of the country for an extended period of time and documents need signing in your absence.

What types of PoA are available?

General Power of Attorney - This is useful for situations where you are unable to sign documents or deal with matters yourself. However, you must still have mental capacity when the document needs to be used. A General Power of Attorney cannot be used if you have already lost, or subsequently lose, mental capacity – either temporarily or permanently.

Lasting Power of Attorney (LPA): Property & Affairs - This will enable your Attorneys to deal with your finances and your property. If you have one in place and have registered it with the Office of the Public Guardian, it can be used straight away by your Attorneys should you wish, and it can still be used even if you later lose your mental capacity.

Lasting Power of Attorney (LPA): Health & Welfare - This will enable your attorneys to make decisions about your personal health and welfare in the event that you lose capacity. It can include giving your Attorneys the power to decide whether or not you should receive life sustaining treatment. If registered, it can be used by your Attorneys but only after you lose your mental capacity.

Enduring Power of Attorney (EPA) – You cannot prepare an EPA now but if you, or a relative, already have one in place, it may still be valid. EPAs were able to be made up until 2007 when LPAs were introduced.  EPAs only enabled an Attorney to deal with financial affairs and did not allow anyone to act on your behalf in relation to decisions about your health and welfare.  The system for registering an EPA was also different from the current system of registering LPAs.  If you, or a family member, have an EPA that was made before 2007 but has not yet been registered it may be a good idea whether it still meets your needs and potentially consider replacing it with an LPA.

What happens without an LPA?

Sometimes a person has lost mental capacity but does not have either an LPA, or one of the older-style EPAs, in place. Usually, the only way in which another person can make decisions for them and deal with their affairs is to be appointed as a Deputy by the Court of Protection which is a lengthy and costly process. If you need to go down this route to become a Deputy for a family member, we can help you to do so.

Dispelling a myth about Powers of Attorney

People often think that PoA are just for the elderly.  This is not the case. As covered above, a general PoA can have much wider uses while you still have capacity.

LPAs can also be relevant for younger people, particularly those who are in business or those who do not have joint bank accounts and other dual signatory documents for important aspects of their lives. While dementia may be the most frequent cause of a loss of capacity, any sort of accident or injury which affects the brain could have the same effect.  It is also possible that a serious but temporary illness could render someone unable to act on their own behalf for a number of weeks or months.

What to do next?

Giving someone the power to make decisions on your behalf is a big step. However, it is almost certain to make life easier for those close to you, and be more cost-effective, than not making an LPA and then requiring a Deputy to act on your behalf in the future.

If you would like individual advice on the issues you need to consider and which type of Power of Attorney will be best for you, Fraser Dawbarns will be happy to help. We can then prepare the necessary documents and deal with registering them for you.

How To Contact Us:

To contact a member of our team, you can fill in our online enquiry form, email info@fraserdawbarns.com, or call your nearest office below. If you’d like to speak to a member of our team at one of our offices across Norfolk and Cambridgeshire, visit our offices page.

Wisbech: 01945 461456

March: 01354 602880

King’s Lynn: 01553 666600

Ely: 01353 383483

Downham Market: 01366 383171

This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances. Fraser Dawbarns LLP is always happy to provide such advice.