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Warning: These articles were originally published as brief newspaper articles. The articles are not intended to be definitive advice on any particular set of circumstances. The authors and the firm of Nicholson Portnell accept no liability for any use of these articles. Specific legal advice should always be sought in all cases for any actual transactions or matters.
Powers of Attorney - March 2010
Alison Bragg
Did you know…?
…that if you have not taken action to appoint one or more attorneys to act on your behalf if you lose your mental capacity, then your monies/assets have to be managed through the Court of Protection, which is expensive and tends to be longwinded.
· If you made an Enduring Power of Attorney (“EPA”) for this purpose prior to October 2007, this should still be valid, although you may wish to review it, to check that it still reflects your wishes.
· If you are appointed as an attorney under an EPA you must register it with the Office of the Public Guardian (“OPG”) if the person who made it has become or is becoming mentally incapable of managing his/her own affairs.
· If you have not made an EPA you ought to consider making a Lasting Power of Attorney (“LPA”).
· There are two types of LPA: a Property and Affairs LPA and a Health and Welfare LPA.
· A Property and Affairs LPA can give powers to manage your property and finances.
· A Health and Welfare LPA can give powers to make decisions about what medical treatment you should receive and/or your day-to-day care if you are no longer able to make those decisions yourself.
· Neither type of LPA can be used at all unless registered with the OPG.
· An alternative to a Health and Welfare LPA is an Advance Decision (commonly known as a Living Will).
If you wish to review or register an EPA or make an LPA and/or Living Will please contact Alison Bragg, who is a member of The Society of Trust and Estate Practitioners.
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