Which document?
These are lasting powers of attorney documents, regulated by the Mental Capacity Act 2005. Do not confuse them with an ordinary power of attorney, or an enduring power of attorney, the latter of which is invalid as of 1st October 2007.
There two different types of LPA available to individuals who wish to make provision for the future:
WIL066 Property and Affairs LPA:
This allows you to choose someone you trust to make decisions about how to spend your money, and the way your property and affairs are managed. Once registered, and unless you have put a restriction on it, this type of LPA can be used by your attorney(s) straight away. If you prefer only for the attorney to have this power when you lose mental capacity, simply indicate on the document that this is your wish.
WIL067 Personal Welfare LPA:
This will allow you to choose someone to make decisions on your behalf relating to your personal healthcare and welfare. This includes decisions to give or refuse consent to treatment on your behalf, or about where you live. Unlike an LPA for property and affairs, these decisions can only be taken on your behalf when the LPA has been registered and you lack the capacity to make the necessary decision for yourself.
Most people will need one, because medical science is better at preserving our bodies than our brains.
How it works is that you complete the document, in the exact form laid down in the act. Precise instructions are provided with the document. You or your attorney(s) then keep the document until needed. When needed, the Attorney should register it with the Public Guardianship Office. At any time before then, you can revoke it.
Once registered, your attorney(s) can deal with your affairs in the ways you have allowed in the document.
When to use:
Anyone can draw up a Lasting Power of Attorney document at any time. Once the document has been drawn up, it can be put away until the time comes to register it. Registration should take place when the attorney believes the donor is, or is becoming, unable to manage their own affairs, or when the donor specifies otherwise. If the former, the attorney is then under a legal duty to get the LPA document registered as soon as possible.
WIL65 Revocation of power of attorney: use this document to revoke a lasting power of attorney, at any time prior to registration of the power and while the donor is still mentally capable.
It is necessary to inform the attorney(s) of the revocation as the attorney's authority does not cease until he or she receives notice of the revocation. A copy of the Deed of Revocation should be sent to each attorney.
Why use a lasting power of attorney?
Use this document as “insurance”. Put arrangements in place now in case you are unable to manage your affairs yourself later. Use when you would like someone (the attorney) to act on your behalf with regard to your property and financial affairs.
The benefit of having a power of attorney ‘lined up’ is so that you are satisfied that your finances and personal life will be dealt with in a satisfactory manner if you yourself are unable to make the necessary arrangements.
WIL66 and WIL67 is suitable for:
- Anyone who wishes to appoint their children, or other person(s) to handle their affairs when they are no longer able to do so for themselves. Make it at any age. Cancel or change it later if you wish.
WIL66 and WIL67 include the following provisions:
