Lasting Powers of Attorney

Property and Affairs

An Lasting Power of Attorney - Property and Affairs allows you to appoint a person you trust to act as your Attorney in making decisions on your behalf if necessary about your property and affairs.   This can include paying your bills  collecting your income and benefits or selling your house subject to any restrictions or conditions you might include.

You can draw up an Lasting Power of Attorney at any time while you still have capacity but it cannot be used until it has been registered at the Office of Public Guardianship (OPG).   Once the Lasting Power of Attorney has been registered it can be used at any time whether you still have the mental capacity to act for yourself or not.

Personal Welfare

This Lasting Power of Attorney allows you to appoint a person to make decisions about your health care and general welfare including refusal of medical treatment and deciding where you live.

A Personal Welfare Lasting Power of Attorney can only be used once it is registered at the OPG and you have become mentally incapable of making decisions about your own welfare.

Enduring Power of Attorney

Enduring Powers of Attorney  were replaced by Lasting Powers of Attorney on 1st October 2007.

An Enduring Power of Attorney remains valid whether or not it has been registered at the OPG provided it has been made before 1st October 2007.

If you start to lose mental capacity to manage your affairs your Attorney is under a duty to register the Enduring Power of Attorney at the OPG.

Receiverships

Where someone no longer has mental capacity and there is no Lasting Power of Attorney or Enduring Power of Attorney in force the Court of Protection may appoint a Deputy to make on-going decisions on behalf of a person lacking capacity.

For further information on the above or to make an appointment please contact Andrew Hurrell at our Thorpe Bay office 01702 582030  Email Andrewh@andrewhurrell.com  or Alan Last at our Hadleigh office  01702 558286  Email Alanlast@andrewhurrell.com

Home and Hospital visits can be arranged.

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