A Power of Attorney lets you (the Donor) give another person (an Attorney) power to act on your behalf. This is helpful if you are unable to look after your affairs due to an accident, old age, frailty, an illness (such as Alzheimer's disease), a stroke, dementia, or whilst you are abroad.

 

A Lasting Power of Attorney (LPA) will continue even if you lose mental capacity.

 

There are two types of LPAs:-

  • A Property and Affairs LPA, which allows your Attorney to deal with your property and finances; and
  • A Personal Welfare LPA, which allows your Attorney to make welfare and healthcare decisions for you, provided you lack the mental capacity to do so yourself.

Any Enduring Power of Attorney (EPA), validly made before 1 October 2007, will continue to be valid, but only for your property and affairs.

 

Without an EPA or an LPA, the Court of Protection may need to appoint a Deputy to act for you.

 

If you need advice about how this affects you, or someone close to you, our experienced team at Paris Smith LLP can sensitively discuss your requirements, provide detailed advice and prepare the relevant documentation.