ALL ABOUT POWER OF ATTORNEY
Creating a New Power of Attorney
A Power of Attorney gives your chosen person, whom are called your Attorney(s), the authority to make decisions on your behalf if you no longer have the physical or mental capacity to do so.
There are two types of Lasting Powers of Attorney which can be made:
Property and Affairs – this enables your Attorneys to deal with your finances and assets, including your property.
Health and Welfare – this enables your Attorneys to make decisions about your care and welfare. This can include giving those designated parties the right to consent or refuse medical treatment.
It is advisable to have a Power of Attorney in place whilst you have the capacity to do so. The alternative would be to apply to the Court of Protection for a Deputyship order. This can be a costly and lengthy process during a very difficult time. Click here for further information on Deputyship.
A Lasting Power of Attorney cannot be used until it is registered with the Office of the Public Guardian. This can be done at the same time as making the Power of Attorney, or at a later date when needed.
An authorised provider is required to complete a certificate to confirm that you fully understand the nature of a Power of Attorney. Butterfield Legal can take care of all aspects involved with a Power of Attorney, including the creation, providing the required certificate, and registration with the Office of the Public Guardian.
For more information about making and registering a Power of Attorney, please call or email to make an appointment or for an informal chat.
Changing an Existing Power of Attorney
The modern Power of Attorney is called a Lasting Power of Attorney, and came into effect on October 2007. Pre-October 2007, the Power of Attorney that you would have made is called an Enduring Power of Attorney.
If you have an existing Enduring Power of Attorney in place, this is still valid and there is no need for you to make a Lasting Power of Attorney unless changes are needed.
This older Power of Attorney could not be registered until it was needed. If you are now in a position whereby you need to register a Enduring Power of Attorney at the court of protection, we can assist you with this process, along with advice on your duties as Attorney.
If you need to change a Lasting Power of Attorney, Butterfield Legal will be happy to assist.
For more information about changing your arrangements, please call or email to make an appointment or for an informal chat.
