Powers of Attorney

Powers of Attorney

A Lasting Power of Attorney is a legal document by which you appoint another person or persons to make decisions on your behalf.  These people are called your “attorney(s)”.


There are two types of Lasting Power of Attorney:-


1.Property and Affairs Lasting Power of Attorney.

This document enables your attorney(s) to make decisions on your behalf in relation to your financial affairs and property, and may also include directions to deal with any business assets that you may own.


Once this document has been registered with the Court of Protection it can be used by your attorney(s), at your direction, immediately.  This may because you have become frail or physically incapable or managing your day to day finances or because you no longer have the capacity to make decisions about your property and financial affairs.


2.Health and Welfare Lasting Power of Attorney

This document enables your attorney(s) to make decisions on your behalf in relation to medical treatment; social care issues i.e. residential care needs and life sustaining treatment.


This type of Lasting Power of Attorney can only be used when you no longer have the capacity to make decisions for yourself regarding your care needs and medical treatment.


You are able to revoke both types of Lasting Power of Attorney at any time whilst you still have mental capacity to do so.


If you lose mental capacity and have no Lasting Power of Attorney then the Court of Protection will need to appoint a Deputy to make decisions for you.  This will not necessarily be the person that you would have chosen to make decisions for you.  It can also prove to be a costly and time consuming process.


The best option is always to plan ahead and ensure that you have taken the steps necessary to enable your chosen attorney to make decisions and act on your behalf in the event that you are unable to act for yourself.

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