Lasting Powers Of Attorney

Not just for the elderly… Should you have one?

Lasting Powers of Attorney are a type of power of attorney by which the person giving the power can authorise another to sign documents and do other acts on their behalf.  Unlike other types of power of attorney they are not automatically revoked if the person giving the power loses mental capacity.

In practice they are mainly used to look after the affairs of elderly relatives, but can be made by persons of all ages to protect assets in the future.

Lasting Powers of Attorney were brought in to replace Enduring Powers of Attorney. However, any Enduring Powers of Attorney existing before the changes are still valid.

There are two types of Lasting Power of Attorney, one for Property and Financial affairs and the other for Health and Welfare.

Lasting Powers of Attorney are registered immediately and can be used by the attorneys from the date of registration.  This removes the uncertainty which was caused by Enduring Powers of Attorney, which can only be registered once the donor had lost mental capacity.  This creates a difficult situation for the attorneys.

The Lasting Power of Attorney documents are fairly complex and our advice ranges from completion of the forms through to making the application to the Office of the Public Guardian.  Alternatively, you can complete the forms and we can check the documents to ensure they have been completed correctly.

Katie Ward (Solicitor)
Private Client Team

For further information please contact:
Ian West (Solicitor)
Private Client Team