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Powers of Attorney

Many people have heard of Powers of Attorney but are not sure of exactly what they entail.

General Power of Attorney

This is a document created to allow someone a temporary power to carry out a specified task or list of tasks on your behalf. This may involve your attorney being able to sign documents on your behalf, Whilst this document is acceptable in most circumstances, if you were to lose mental capacity through, say, a stroke, depression, dementia or any other way as defined under the Mental Health Act then this document will not be sufficient.

Advance Decision

An advance decision will allow you to make provisions to stipulate how your personal welfare can be planned in advance. Such questions as to the level of hospital treatment you are to receive in an emergency can be stated to ensure that all your personal welfare needs are met.

Lasting Power of Attorney (LPA)

If you create a Lasting Power of Attorney whilst you still have full mental capacity then your attorney can register the document with the Office of the Public Guardian only if and when you lose that mental capacity for whatever reason.

Why should you create an LPA? Obviously if you do not have an LPA in place and you lose mental capacity, then this will create problems for your friends and family as how to deal with your property, affairs or personal welfare. But there is a more important factor - if your loss of capacity is more permanent then the only way of appointing a person to manage your affairs is by way of appointing a deputy through the Court of Protection. The difference?

• Deputyship application fee �400.00, plus lawyers fees. 26 weeks plus to process the application. Approximately 20 forms for the Client to complete.

• LPA costs �75.00 per person per LPA, �120.00 registration fee. 6 weeks for the document to be registered.