You may have prepared an Enduring Power of Attorney prior to October 2007, but did you know that this only covers your property and financial affairs and not medical and welfare decisions?

Since 1st October 2007, it has not been possible to make new Enduring Powers of Attorney but any signed prior to this date should still be valid. The person who made the Enduring Power of Attorney is known as the donor and, if there are any concerns regarding their capacity, the document must be registered with the Office of the Public Guardian so the attorney or attorneys can continue to be use it.

Although it is no longer possible to make new Enduring Powers of Attorney you can instead make Lasting Powers of Attorney. Enduring Powers of Attorney only covered decisions regarding a person’s property and finances but there are two types of Lasting Power of Attorney – one relates to property and finances but the other enables an attorney to make very important medical and welfare decisions on the donor’s behalf.

Under a Lasting Power of Attorney for Health and Welfare an attorney or attorneys can make decisions about where you live, your daily routine, your personal care, your medical treatment and they can also be given the authority to consent to or refuse life sustaining treatment on your behalf. Importantly, a Lasting Power of Attorney for Health and Welfare can only be used if you are no longer able to make the decisions for yourself.

It has previously been common to opt for a Lasting Power of Attorney for Property and Financial Affairs only but the majority of people would prefer family members or people they trust to also make decisions regarding their health and welfare than a social worker or doctor who does not know them.

At Jackson Lees, we also have a Plan for Life Series. These documents can be downloaded and completed to complement your Lasting Powers of Attorney so that you can write down your detailed wishes in case you are no longer able to communicate them in the future.

It is never too early to start thinking about your future and it is important to consider making Lasting Powers of Attorney sooner rather than later. Lasting Powers of Attorney can only be made while you have the capacity to make them. Many families only realise how vital they are when a loved one becomes unable to make decisions for themselves.

Our experts at Jackson Lees can assist you with making Lasting Powers of Attorney and also registering an Enduring Power of Attorney if you have any concerns regarding a donor’s capacity. If you would like any more advice regarding Wills and LPA’s, you can contact our Liverpool and Wirral experts. Please click here for a call back or message us your enquiry.