Power of attorney - the system that allows people to nominate someone to make important decisions of their behalf – has been updated and expanded in the Mental Capacity Act.

The changes, effective from 1st October, replace the old Enduring Power of Attorney with a new system known as Lasting Powers of Attorney.

Under the previous system, the old EPA allowed you to nominate someone, usually but not always a family member, who could manage your property and financial affairs should failing health or other reasons make it impossible for you to do so yourself.

The new Lasting Powers of Attorney (LPA) come in two forms and have a wider range. The property and finance LPA is similar to the old system in that it allows you to appoint attorneys to look after financial matters.

The personal welfare LPA opens up completely new options by allowing you to appoint attorneys who can make decisions about your future health care. For the first time, your attorney will have the right to refuse life-saving treatment on your behalf if he believes it is in keeping with your wishes and beliefs.

Any such decisions by your attorney would have to be made in your best interest and meet a checklist of criteria set out in the Act.

The new LPAs will need to contain a certificate filled in by an Independent Certificate provider such as a doctor or a solicitor. The certificate provider will be obliged to interview you first to make sure you understand what you are doing and that you are not being subjected to any undue pressure to appoint someone as your attorney.

Lasting powers of attorney have to be registered at the Office of the Public Guardian. This will make them more secure than under the old system and so possibly more attractive to many people.  

The new system provides people with many new and interesting options when preparing for the future. Please contact us for more details.