Power of Attorney
The Mental Capacity Act 2005 has made significant changes to the law in relation to mental capacity and Enduring Powers of Attorney (“EPA”). Since October 2007 it is no longer possible to make an EPA.
Instead, the law now provides for a Lasting Power of Attorney (“LPA”). EPAs made before October 2007 are of course still valid and there will for some time be a dual system in place:
Enduring Power of Attorney – Registration
Is someone for whom you have been appointed Attorney beginning to lose mental capacity?
As an Attorney you have a duty to make an application to have the EPA registered as soon as you believe that the Donor is no longer able to deal with his/her affairs.
We can assist you in a professional and efficient manner with completing the application form together with the notices which must be served on certain relatives.
Lasting Power of Attorney
What would happen if you lost mental capacity tomorrow?
It is an unpleasant thought. However mental incapacity can occur at any time of life as a result of an accident, physical illness or the onset of mental illness.
By signing a LPA you can decide who looks after your property affairs and/or health and welfare in the unfortunate event of you becoming incapable of doing so.
The LPA will not become effective until it is registered. We can assist with the making of the LPA and also in applications for registration.
Appointment of a Deputy
Are you concerned that someone close to you may have lost mental capacity but there is no EPA or LPA in place?
An application can be made to the Court of Protection for a Deputy to be appointed.
We can guide you through the steps to be taken, advising you of the Court of Protection rules and requirements and preparing and submitting the application on your behalf.