What is a Power of Attorney?

This is a document which allows one person to delegate authority for financial and legal decisions to one or more other person. If required you can restrict the scope of your attorney’s authority in several ways.

Why do I need one?

No-one can guarantee that they will always be able, physically, or mentally, to manage their own financial affairs. For example, if you are out of the country for extended periods, or in hospital, you may not be able to sign important documents in person.

Why Lasting?

Mental incapacity can arise at any time, either through illness or trauma. If it happens, an ordinary, or general, Power of Attorney would become invalid. However a Lasting Power of Attorney (LPA) remains valid, provided that your Attorneys have registered the LPA at the Office of the Public Guardian.

So what do they do?

Lasting Powers of Attorney (LPAs), which replaced Enduring Powers of Attorney (EPA) from 1st October 2007, allow you to appoint one or more Attorneys to deal with all or separate aspects of your legal and financial affairs. You can specify that your Attorneys should act together for some decisions and independently for others. A substitute Attorney can be appointed by you if your original Attorney cannot act. You can also appoint the same, or a different, Attorney to deal with you health and welfare matters if you want.

Why have they been introduced?

The old EPA was quite a simple and blunt instrument. It only dealt with legal and financial affairs, and not health or welfare. There were also concerns that and EPA could be open to abuse by unscrupulous Attorneys. EPAs could be used immediately and only needed registration if the Donor lost mental capacity.

The LPA document itself is longer than the old EPA, and allows you to give guidance to your Attorneys. Before the LPA can be used a certificate must be given by an independent person to confirm that you understand its scope and consequences. The LPA must be registered at the Office of the Public Guardian before use.

What should I do?

We would advise all clients to consider preparing an LPA as it provides for someone to manage your affairs if you lose mental capacity. However if you are considering a Power of Attorney for any other reason, for example if you intend to travel overseas, or if you need help to manage your affairs through physical frailty, please speak to a member of the Mayo Wynne Baxter team about a general Power of Attorney, which may be suitable for you.

Our team is happy to arrange appointments at any of our offices or alternatively at your home, place of business, in hospital or your care facility. For more information on probate, trusts & wills contact the PTW Team on:

Brighton Tel: 01273 775533
Email: brighton@mayowynnebaxter.co.uk

Eastbourne Tel: 01323 730242
Email: eastbourne@mayowynnebaxter.co.uk

Lewes Tel: 01273 477071
Email: lewes@mayowynnebaxter.co.uk

Hailsham Tel: 01323 840616
Email: hailsham@mayowynnebaxter.co.uk

Seaford Tel: 01323 891412
Email: seaford@mayowynnebaxter.co.uk