On 1st October 2007 the rules on Powers of Attorney changed substantially. Any Enduring Powers of Attorney (EPA) made before this date will still be valid but you can no longer make an EPA. The 2007 changes created two new types of Lasting Powers of Attorney (LPA's):

Property and Affairs Power:
which allows you to choose someone to make decisions on your behalf relating to your financial affairs should you become incapable of managing your own affairs.

Personal Welfare Power:
This allows you to appoint someone to make decisions on your behalf in relation to your personal welfare, for example, where you live and with whom, accessing your personal information like medical records.

This is all subject to the authority you give them, you can even give your attorneys power to make decisions about Life-sustaining treatment. If nobody is appointed to make these sort of decisions then any doctor looking after you will make these decisions on your behalf taking into account the views of your family or close friends.

Lasting Powers of Attorney must be made whilst you have the capacity to make them.

If you do not have a Lasting Power of Attorney and you become mentally incapable of managing your affairs, your bank and building society accounts and other assets will be frozen until the Court of Protection appoints someone to look after your affairs for you. This can take a long time and the application can be expensive.

For further information please contact our Probate Manager Rachel Cameron  ( 01228 888 974

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