From 30th September 2007 it has no longer been possible to make an Enduring Power of Attorney. The Mental Capacity Act 2005 introduced two new Powers of Attorney called Lasting Powers of Attorney. One was to deal with your property and financial affairs and the other to deal with your health and personal welfare.
A property and affairs Lasting Power of Attorney enables your Attorneys to make financial decisions on your behalf, in your best interests but only in the event that you are unable to do so yourself.
A health and welfare Power of Attorney deals with decisions about your medical treatment if you are unable to do so. They also enable your Attorney to decide where you live amongst other things.
To enable your Attorneys to act on your behalf it is necessary for the Power to go through a registration process with the Office of the Public Guardian and we can assist you this.
The important thing to note is that you choose your Attorneys and can incorporate your requirements and wishes in the document which gives you a say in your matters even after you have lost capacity.
Court of Protection
Unfortunately if no Enduring Power of Attorney or Lasting Power of Attorney has been prepared an application can be made to the Court for the appointment of a Deputy. This is usually a close relative. We can assist you in preparing the necessary forms to enable the application to be submitted and to offer advice about the role of the Deputy and their responsibilities.
A Living Will is instructions that you give in advance of an illness as to the treatment you would wish to receive or refuse in the event that at that time you are unable to give those instructions either due to a physical or mental incapacity. These are also referred to as Advanced Directives and this allows you to determine if you should receive treatment in particular with regard to an identified illness that you have. We are able to assist you in the preparation of such an Advanced Directive and can discuss with you the consequences of such a direction.