Power of Attorney – the various types explained

Power of Attorney

There are several different types of power of attorney which we can create for you and each has a fairly specific purpose. Brief descriptions follow and you can click through to find more detailed information.  Our fees for all types of power of attorney are modest, so why not give us a call on 01323 406399?

The summary for powers of attorney is that everyone over 18 should have:

  1. a) A Health and Welfare Lasting Power of Attorney and;
  2. b) Either an old style Enduring Power of Attorney OR a new Property and Financial Affairs Lasting Power of Attorney.

Without these, your family are NOT in control if things go wrong, the Court of Protection is. Go here to see what happens in these circumstances.

Firstly, Powers of Attorney relating to Financial matters.

1) General Power of Attorney.

A general power of attorney is usually a short term authority to allow someone to sort out a financial matter for you. For example, you might be on holiday and some money has to be transferred from a bank account to complete the purchase of a holiday home, even if you are not available. They give temporary authority in general terms and are likely to be rejected if they are older than a year or so. We can arrange them where appropriate.

2) Enduring Power of Attorney “EPA.”

(Click heading for more details.)

The enduring power of attorney can in effect be used as a permanent version of the General Power, depending on the wording. Crucially, they can be used even if you lose the ability to make decisions once they have been registered. However, you can no longer make or change one.  The new version is:

3) Lasting Power of Attorney Property and Financial Affairs.

(Click heading for more details.)

Lasting Powers of Attorney are the modern version of the EPA and are much more complicated. They also have to be registered before they can be used at all.

Secondly, Powers of Attorney relating to your Health and Welfare.

4) Advance Decisions or Medical Directives or Living Wills.

(Click heading for more details.)

These deal strictly with medical issues and merely convey instructions to doctors, which only have any force if you are unable to make decisions yourself. They are totally inflexible and are really totally inappropriate now that the far wider reaching Health and Wefare Lasting Powers of Attorney are available.

5) Lasting Power of Attorney Health and Welfare.

(Click heading for more details.)

These are much wider and more effective than Medical Directives. Let’s say that Social Services decide you are no longer able to make decisions and you should be in a Nursing Home.   Without the Health and Welfare LPA, your family (husband/ wife / partner / children) have no legal authority to stop them.   The same goes for doctors doing or not doing things which you would have objected to. So if you want your family to have a voice which MUST be listened to in such decisions, you need a Health and Welfare LPA.

Please do contact us to make Powers of Attorney, you will be pleasantly surprised by our power of attorney fees.

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