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Essential Information About Being Power Of Attorney
What is a Power of Attorney?
What types of powers of attorney are there?
What is an Ordinary Power of Attorney?
What is an Enduring Power of Attorney?
Many elderly people may realise that there will come a time when, due to mental decline, they will be unable to manage their property. To deal with this they can appoint a friend, relative or professional to hold a Llasting Power of Attorney that will allow them to act on their behalf an matters such as property and finance (a Property and Affairs LPA), and personal welfare (a Personal Welfare LPA).
Lasting Powers of Attorney (LPAs) were introduced by the Mental Capacity Act 2005 from 1 October 2007. A lasting power of attorney can be drawn up at any time while a person has the mental capactiy to do so, but has no legal standing until it is registered with the Office of the Public Guardian.
How do I register a Power of Attorney
An unregistered LPA will not give the Attorney any legal powers to make a decision for the Donor. The Donor can register the LPA while they have capacity, or the Attorney can apply to register the LPA at any time.
What is the Court of Protection?
The Court of Protection was set up to make decisions in relation to the property, affairs, healthcare and personal welfare of adults (and children in a few cases) who lack the mental capacityto do it themselves.
The Court of Protection also has powers to decide whether someone has the capacity to make a particular decision.
The Court of Protection has the powers to:
- decide if a person is able to make a particular decision themselves;
- make decision on financial or welfare matters for people who can't make the decisions themselves;
- appoint deputies to make decisions for people who can't make decisons themselves;
- decide whether an LPA or EPA is valid;
- remove deputies or attorneys who do not carry out their duties correctly;
- hear cases concerning objections to register an LPA or EPA and make decisions about whether or not an LPA or EPA is valid.