Lasting Powers of Attorney have been introduced to replace Enduring Powers of Attorney. They consist of increased checks and safeguards to prevent abuses.
A Lasting Power of Attorney details the kinds of decision your nominated Attorney(s) might make on your behalf and any limitations you may wish to include. Your Attorney(s) cannot act under the Power unless it is registered with the Public Guardian.
Lasting Powers of Attorney are similar to Enduring Powers of Attorney in that they are signed whilst the donor has the mental capacity to manage his or her affairs, and once registered with the Office of the Public Guardian, continue to be valid even if the donor loses mental capacity.
Broadly speaking, there are two types of Lasting Power of Attorney, which allow you to choose someone trusted (the Attorney) to make decisions on your behalf about:
1. Managing property and Financial Affairs and
2. Health and Welfare issues if you lack the mental capacity to make those decisions yourself.
If you become mentally incapable before making a Lasting Power of Attorney, it will become necessary for your relative, friend or solicitor to liaise with the Court of Protection to obtain a deputyship and this can be a drawn out and expensive procedure.
Fortress Law strongly recommend that all adults make arrangements under the Lasting Power of Attorney system and if you, your partner or elderly relative is in poor mental or physical health, a Lasting Power of Attorney should be drawn up whilst the ability still exists.
Fortress Law are specialists in preparing Lasting Powers of Attorney.