What would happen if you lost your capacity to make decisions?
Whether it’s a decision about what happens to your property, your bank accounts or even where you will live in the future, it is important you put plans in place to ensure your wishes are carried out.
A Power of Attorney is a legal document which enables you to grant another person or persons (the attorney(s)) authority to make certain decisions on your behalf.
Ordinary Powers of Attorney
• An Ordinary Power of Attorney is automatically revoked if the Donor (the person creating the Power) or the Attorney loses mental capacity.
• An Ordinary Power does not give the Attorney the ability to make personal welfare decisions. Those decisions can only be made by an Attorney appointed under a Lasting Power of Attorney (Personal Welfare).
• There is no requirement for an Ordinary Power of Attorney to be registered. However, A Lasting Power of Attorney is not a valid legal document unless it has been registered for use with the Office of the Public Guardian.
Like the EPA before it, the LPA enables you to appoint one or more persons to assist, support and take over your affairs should you lose capacity to make decisions yourself.
What about Existing Enduring Powers of Attorney?
Existing Enduring Powers of Attorney
Although you can no longer make an Enduring Power of attorney, an existing Enduring Power of Attorney is still valid. An Enduring Power of Attorney appoints Attorneys to take over and deal with the financial and property affairs of the Donor (the person who created the Power) if they are becoming or have become mentally incapable of doing so themselves.
Before an EPA can be used, it must be registered with the Office of the Public Guardian.