A Lasting Power of Attorney is the authority to appoint someone you trust (the Attorney) to make decisions on your behalf in you cannot manage your own affairs. You can choose one or more people to act as an Attorney on your behalf, but it’s important to be confident that you have chosen the right person or people to carry out the tasks involved.

Lasting Powers of Attorney can only be made whilst you still have the mental capacity to do so. Once made and registered with the Office of Public Guardian (OPG) they can be used by your Attorney but you can still continue to carry on managing your own health, welfare, affairs and finances while you’re still able to do so. An appointed Attorney cannot just take over your affairs without your consent to do so whilst you have capacity. If you have some capacity but need help, they should assist you to enable you to deal with your affairs. They must always act in your best interest.

Lasting Power of Attorney Property & Financial Affairs (LPA) – Your Attorney will manage your finances and property in the future if you reach a point where you are unable to make decisions yourself. A lasting power of attorney can be used as soon as it has been registered with the Office of the Public Guardian (OPG) unless otherwise specified in the document.

Enduring power of attorney (EPA) – If you have an unregistered enduring power of attorney (these were replaced by LPAs in 2007), it can still be used and your attorney will need to register it with the OPG if they believe you are or are becoming, mentally incapable.

Lasting Power of Attorney Health & Welfare (LPA) – Your Attorney will manage your health and welfare in the future if you reach a point where you are unable to give consent to doctors and other professionals regarding your health and welfare.

Enduring Power of Attorney (EPA) – This document has been replaced by Lasting Powers of Attorney in 2007. However, if you have an unregistered Enduring Power of Attorney, it is still legal and can be used by your Attorney but it will need to be registered at the OPG by your appointed Attorney/Attorneys if they believe you have become, or are becoming, mentally incapable.

General or ordinary power of attorney – You can appoint an Attorney can manage your financial affairs only while you have mental capacity. This will stop if you lose the capacity to make your own decisions. You may want to set one up if, for example, you need someone to sign important documentation on a temporary basis, whilst you are on holiday.

The importance and significance of putting in place a Lasting Power of Attorney should not be dismissed.  You should protect your future and make matters easier for your family to deal with your affairs and welfare if you are unable to do so. These documents are important not only for the elderly but for everyone at any time of life no matter what your age or health.