Since the Mental Capacity Act 2005 came into force on 1st October 2007, it is no longer possible to prepare the old style Enduring Power of Attorney. These have been replaced by Lasting Powers of Attorney.
There are two types of Lasting Power of Attorney (LPA):
- Property and Financial Affairs LPA – allowing you to choose who can make decisions on your behalf in relation to your finances.
- Personal Welfare LPA – you choose who can take decisions on your behalf in regard to welfare, such as choice of residential accommodation.
There are other types of Power of Attorney that can still be created:-
- Ordinary Power of Attorney – a simple document that allows you to choose who can look after financial matters for you. This will only apply so long as you retain mental capacity to make the decisions. This type of Power of Attorney can be particularly useful if you have trouble getting around or if you intend to be away for long periods.
- Specific Power of Attorney would normally be used for a particular purpose such as the sale or purchase of a property if you will be away during the period of the property transaction
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