TYPES OF POWERS OF ATTORNEY

An Ordinary Power of Attorney gives someone else the power to handle your financial affairs for you. It is only valid while you have mental capacity to make decisions about your finances, so you can keep an eye on what your Attorney is doing. An Ordinary Power of Attorney can be set up if you need someone to act for you for a temporary period — for example, while you are on holiday or in hospital — or if you want to supervise your Attorney’s actions.

Enduring Power of Attorney (EPA) were discontinued in October 2007, but EPAs that were set up prior to this date are still valid. An EPA does not allow your attorneys to make decisions about your health and welfare.

EPAs were replaced by Lasting Power of Attorney (LPA).

Having an LPA is a safe way of maintaining control over decisions made for you because:

  • It has to be registered before it can be used.
  • You choose what decisions you want made and who will make them.
  • You choose people to be told about your LPA when it is registered so that they have an opportunity to raise concerns.

There are two types of LPA:

  • A Financial Decisions LPA covers decisions about your property and money
  • A Health & Care Decisions LPA covers decisions about your healthcare and personal welfare.’

The word 'lasting' in the context of an LPA means that the power may continue even if the person (though still alive) no longer has capacity to exercise the power whereas an Ordinary Power of Attorney becomes invalid if the person no longer has capacity

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