Powers of Attorney
Powers of attorney are most commonly made to give another person authority to act on your behalf if you lose mental capacity. They are known as Enduring Powers of Attorney (pre- 1st October 2007) and Lasting Powers of Attorney (from 1st October 2007).
What if you have not made an Enduring Power or a Lasting Power of Attorney?
If you become unable to make decisions on your own behalf and you have not made an Enduring Power or a Lasting Power of Attorney, Royds can assist your family and friends to apply to the Court of Protection to be appointed as your deputy. Deputy applications are very time-consuming and much more costly than making a Lasting Power of Attorney, but we will advise on the most cost-effective and efficient means of achieving an appointment in your best interests.
We also advise local authorities on mental capacity issues and deputy applications where an individual in their jurisdiction appears to have no relatives.
Lasting Powers of Attorney (LPAs)
Nobody likes to consider that one day they may not be able to manage their own affairs. However, you will be able to take comfort from knowing that you have an LPA in place, appointing chosen and trusted attorneys to take action on your behalf should it become necessary.
You may make either an LPA covering your property & financial affairs, or an LPA covering your health & personal welfare, or both. You may provide guidance for your attorneys in each LPA, and you may place restrictions and conditions on the actions they can take.
Royds is experienced in guiding you through the process of tailoring your LPA to your circumstances and requirements. We can act as your certificate provider when you make your LPA.
A completed but unregistered LPA cannot be used by your attorneys. We ensure that your LPA is registered with the Office of the Public Guardian when it is made, so that there will be no delay if the time comes when the attorneys need to use the LPA.
Royds can provide professional attorneys to act on your behalf.
We also advise and guide your attorneys on the management of your affairs throughout the period they act for you, and assist with any applications they may need to make to the Court of Protection.
Enduring Powers of Attorney (EPAs)
The predecessor of the LPA was the EPA. EPAs cover only your property & financial affairs and they can no longer be made.
If you made an EPA before 1st October 2007 then it will remain valid for use by the attorneys you appointed. If you wish to amend your EPA in any way then you must revoke it and make an LPA.
If you are an attorney under an EPA and you believe the person who made the EPA is becoming unable to make their own decisions, you must apply to register the EPA with the Office of the Public Guardian. Royds will advise you on the requirement to register, the procedural steps, and ensure the EPA is properly registered.
Ordinary & Trustee Powers of Attorney
These types of power are usually made by an individual or a trustee for a specified period of time and for a specific function. For example you may need to appoint another person to sign documents on your behalf while you are abroad for an extended period. These powers will either expire, or they can be revoked by deed, or they will be revoked automatically if you lose mental capacity.
For further information, please contact Tony Millson and Deanna Hurst.
