On 1 October 2007 Lasting Powers of Attorney replaced Enduring Powers of Attorney. A person given power or who has drawn up an Enduring Power of Attorney before 1 October 2007 can still use it and the attorney can still apply to have it registered in the usual fashion. This person has a duty to apply to register the Enduring Power of Attorney as soon as they believe that the donor is becoming or has become mentally incapable of managing their affairs.
The Lasting Power of Attorney is a legal document that lets you appoint someone you trust as an ‘attorney’ to make decisions on your behalf. It can be drawn up at any time while you have the mental capacity, but, unlike the Enduring Power of Attorney, cannot be used by your attorneys until it is registered with the Office of the Public Guardian.
A registered Lasting Power of Attorney can be used at any time, irrespective of whether you have the mental capacity to act for yourself or not.
There are two types of Lasting Powers of Attorney: 1. Property and Affairs Lasting Power of Attorney: This is similar to the previous Enduring Power of Attorney in that, as the name suggest, it covers your property and finances. 2. Personal Welfare Lasting Power of Attorney: This allows you to make decisions regarding the type of treatment you consent to when you do not have the mental capacity to do so and can include such things as life-sustaining treatment etc.
The Lasting Power of Attorney forms are substantially longer than the previous Enduring Power of Attorney forms but our staff will be happy to advise you of the key differences.