Lasting powers of attorney are designed for people who can no longer make important decisions for themselves. These can concern either their health and welfare or property and financial affairs. With an ageing population the numbers are increasing, but how can they be of benefit?
What is a lasting power of attorney?
This is a legal document which allows you (the donor) to appoint someone to act for you if you can’t do so yourself. There are two forms which deal with health and welfare or property and financial affairs. You can choose to have one or both.
If you cannot make decisions about your own health and wellbeing, then you can appoint one or more attorneys to deal with:
- Daily life (including food and dressing)
- Medical care
- Decisions about care
- To refuse life-prolonging treatment
You can have attorneys make decisions regarding property and financial affairs at anytime in your life. These can include:
- Paying bills
- Collecting benefits
- Selling your house
A lasting power of attorney replaces Enduring power of attorney. However, these can still be used if they were made and signed before October 2007.
The number of lasting powers of attorney registered with the Office of the Public Guardian is increasing. Figures published in The Guardian (AUTHORITY URL: http://www.guardian.co.uk/money/2013/jun/09/carers-lasting-power-attorney) show that for the year to April 2013 there were 246,000 lasting powers of attorney registered, which increased from 199,000 the year before.
How to choose an attorney
You need to think carefully about exactly who you appoint as an attorney. They must be over 18 and have the ability to make decisions. In the case of property and financial powers of attorney, they cannot be currently bankrupt.
Before appointing a person you should consider:
- How they manage their own lives and financial matters
- How well you know and trust them
- Whether they will want to be an attorney
Once you’ve chosen the attorneys, you need to complete the appropriate forms and register them with the Office of the Public Guardian. This process can take up to eight weeks and there is a fee of £130 per power of attorney.
Is the power of attorney final?
Once the power of attorney is registered, it can only be revoked in certain circumstances. If there are any objections these can be raised by the donor, the attorney, or anyone listed in the ‘people to be told’ section. If the donor is still able to make decisions for themselves, then they can cancel the power of attorney at anytime. The attorney also has the right to give up the responsibility.
The power of attorney will automatically come to an end if the attorney dies, can no longer make decisions or either divorces or ends a civil partnership with the donor. If there are additional attorneys who can act ‘jointly and severally’ or a replacement attorney is available, then the agreement can continue.
For those who care for older people or the disabled, a lasting power of attorney can be an important document. It enables them to take care of their loved ones when they can no longer do so for themselves.