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Mental Power of Attorney Mental Power of Attorney


Powers of Attorney:

What are Powers of Attorney?

Powers of Attorney are a legal way of giving those you trust the right to manage your affairs and make decisions if you become physically or mentally unable to do so. This could be because of a disability, unexpected illness or accident or just the onset of old age. Or it might just be that you are having difficulty getting around and want someone to be able to pop to the bank for you.

Powers of Attorney for now?

Some people experience unexpected life changing events such as illness or an accident happens. This could mean that you’re left unable to make your own decisions and you’ll need someone to help you make financial or medical decisions or actions straight away.

Planning ahead just in case?

People make all sorts of «just in case» plans like having a spare tyre in the boot or break down cover. Many people like to plan ahead in case something happens to them in the future. This gives them the peace of mind that the right people are in place.

Help avoid difficult decisions and situations

Lots of people tell us why they don't think they need a Power of Attorney. That they are married; that it’s expensive; complicated or family would just be able to make decisions should they need to. These are just some of the misconceptions around getting a Power of Attorney in place. The only way to ensure that your finances, care and medical arrangements are taken care of by someone you trust is to set up a Power of Attorney and its worth putting a plan in place early on.

Common types of Powers of Attorney

General Power of Attorney (GPA)

These can be used to appoint a person for a specific amount of time (usually around a year) for a specific task or general help (if you’re out of the county or have had an operation) and only whilst the Donor (person creating the POA) has mental capacity (it becomes invalid if this happens). GPAs don't have to be registered anywhere and can be used as soon as they are created.

Lasting Powers of Attorney (LPA)

LPAs came into force on the 1st October 2007 and can be for general use or for a specific task. These are still valid if the donor loses their mental capacity, and can last for the rest of your life or until you cancel them. There are two different types available covering «Property and Financial Decisions» and «Health and Care». Important. A LPA cannot be used until it is registered with the Office of the Public Guardian. You can register the LPA at any time, (before or after someone loses their capacity) and the registration process takes around 2 months.

Enduring Power of Attorney (EPA)

These were available until the 1st October 2007, when they were replaced by Lasting Powers of Attorney. EPAs signed by the Donor before that date are still valid, but if a Donor loses their mental capacity, then the Attorneys must stop using the EPA and register it with the Office of the Public Guardian before they can use it again. This registration process takes around 2 months.

Get in Touch - We Can Help

We know everyone's situation and needs are individual to them so it's always best to give us a call or book a meeting to talk through what is important to you. Call our experienced team on 01623 45 11 11 or email poa@fidler.co.uk