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Enduring Powers of Attorney, Lasting Powers of Attorney and The Court of Protection
Many of our clients have Enduring Powers of Attorney that we prepared for them. Although it is now no longer possible to make Enduring Powers of Attorney (they have been replaced by Lasting Powers referred to below), existing ones remain fully valid. If the person who has made the power of attorney ("the donor") loses the ability to handle their own affairs, we assist the persons named as the attorneys to register the Power at the Office of the Public Guardian and to follow through the applicable Code of Practice and procedures in handling the affairs of the donor.

Lasting Powers Of Atttorney
Lasting Powers of Attorney replaced Enduring Powers of Attorney in October 2007. Existing Enduring Powers of Attorney still remain valid. By making a Lasting Power of Attorney now, you have the ability to appoint one or more Attorneys, people who you trust, to make decisions on your behalf regarding your affairs and welfare. These Powers only become effective in the future, at a time when you no longer have the ability (or no longer wish) to make those decisions yourself). Your Attorney(s) must agree to act as your Attorney and, then, before they can do so, must register the Lasting Power of Attorney at the Office of the Public Guardian ("OPG").

Lasting Powers of Attorney have safeguards built into the procedure to protect a donor against misuse. You can name a person to be notified if an application is made to register your Lasting Power of Attorney. The named person has the right to object to the registration if they have concerns about it. In addition a Certificate has to be provided in the Lasting Power of Attorney form at the time that you make the Power of Attorney that you understand the Power of Attorney and that you are not under any pressure to make it. The Certificate provider is separate from the persons who witness your signature to the Power of Attorney.

There are two types of Power of Attorney that you can make. One is a Property and Affairs Lasting Power of Attorney, the other is a Personal Welfare Lasting Power of Attorney which is a completely new introduction, covering a gap in the law that existed before October 2007.

Property And Affairs Lasting Power Of Attorney
By this Power of Attorney you appoint one or more persons to manage your finances and property. They can act for you in this regard whilst you still have capacity to do so as well as when you lack capacity to do so. There are many reasons when particular times in our lives it may be easier to give someone else the ability to pay your bills and collect income, for example including not only times of illness but also times when you may be out of the country for a long period of time.

In addition you can make a;

Personal Welfare Lasting Power of Attorney
The person(s) you appoint as your Attorney to make decisions for you regarding your personal healthcare and welfare can only act when you lack capacity to make those decisions for yourself. This can be due to various medical causes such as the onset of dementia, being unconscious or otherwise. In those circumstances the Personal Welfare Power of Attorney has to be registered at the OPG and the Attorney(s) can only act once that has taken place.

The safeguards mentioned above are necessary because your Attorney, once the power is registered, will have the ability to make various significant decisions over your welfare and healthcare including;-

• Medical treatment
• Healthcare
• Where your live
• What support you have

Gardner Austin can help guide you through the complexities and the family sensitivities that are involved in considering and making a Lasting Power of Attorney and the ramifications of the same.

Contact Tania Austin.