Powers of Attorney

Powers of Attorney

There may come a time when you are no longer able to make or communicate your own decisions. Having a power of attorney in place can make things much easier if that time comes.

There are Three types of power of attorney:

Lasting power of Attorney, Enduring Power of Attorney and Ordinary Power of Attorney.

Powers of Attorney are powerful legal documents and should not be entered into lightly, but they are also invaluable.

You can set up more than one power of attorney; however, if you want your power of attorney to remain in place if you lose mental capacity then only a Lasting Power of Attorney is relevant.

Lasting Power of Attorney “LPA”

There are two types of LPA: –

Property and Financial Affairs LPA – if you create this type of power your attorney can make decisions about such things as

  • Selling your home
  • Paying your mortgages and bills
  • Dealing with your income and bank accounts

Health and Welfare LPA – if you create this type of power of attorney your attorney can make decisions about such things as

  • Where you live
  • Your medical treatment
  • The care and support you receive.
  • Who you have contact with
  • What kind of social activities you take part in

Well drafted LPA’s can save you and your family from a large amount of stress at challenging times. Obtaining legal advice to prepare and draw up your LPA will ensure that it includes the correct powers for your attorneys. It may be that specific additional powers should be included in your LPA to reflect your personal circumstances and ensure your wishes can be complied with.

It is not possible for an LPA to be used until it has been registered with the Office of the Public Guardian. This registration process can take up to ten weeks to take effect, so it is very beneficial to have it in place in advance.

Enduring Power of Attorney

It is no longer possible to make a new Enduring Power of Attorney, but an Enduring Power of Attorney made before October 2007 is still valid. It should however be reviewed to ensure that it still reflects your current needs.

If you become unable to manage your affairs, your attorneys will need to arrange to register your Enduring Power of Attorney at the office of the public guardian.

Registration of your Enduring Power of Attorney requires your attorneys to follow strict legal formalities with the Office of the Public Guardian.

An Ordinary Power of Attorney

This type of power can be used for financial decisions only. It is only valid while you still have mental capacity. It can be useful if you need someone to look after your finances temporarily, for example because you are going into hospital or find it difficult to get to the bank.

It can be limited to a specific task i.e. permission to deal with a specific bank account or sale of specific property.  

We can advise you and assist you in putting an Ordinary Power of Attorney in place as it can be useful in certain situations. However, it is usually best to create an LPA instead or alongside it, as your attorney can then continue to act if you ever lose mental capacity.

Do not worry if visiting our offices in either Liverpool or Southport is difficult for you. We can visit you in your home or your current place of residence.

If you need assistance, contact Helen Robins at [email protected]  or call 01704 617100 for a no-obligation discussion and for expert legal advice.