Gould & Swayne Solicitors of Street, Glastonbury and Highbridge, Somerset, UK
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Lasting Powers of Attorney
Lasting Powers of Attorney came into effect in October 2007, replacing the old Enduring Powers. The new forms are much longer (25 pages!) and more information is required to draw them up.
Lasting Powers of Attorney are certainly more comprehensive than the old Enduring Powers, and it is expected that the effect of the new format will be to reduce the risk of fraud or of undue pressure being brought upon an elderly person. No one can sign an effective Power without someone certifying that the donor (i.e. the person giving the Power) understands what they are doing and that no undue pressure is being put on them to sign. The Power also has to be registered at the Office of the Public Guardian in London before anyone can use it.
Before the Power is registered, certain people chosen by the donor must be notified and can object to the registration if they wish. If the donor does not want anyone to be notified then there must be not just one but two people who certify the donor’s understanding of what they are doing and that no pressure is being put on them.
The main problem at the moment seems to be the length of time it takes to register the Power. It takes at least six weeks from the submission of the Application to Register before the document is returned and can be put into operation. This can cause problems, and we hope that the process of registration will improve.
I made an Enduring Power of Attorney some years ago. Is it still valid?
Yes, providing that you signed if before the 1st October 2007, it should remain valid.
Will my Enduring Power of Attorney cover the same things as the new Lasting Power of Attorney?
The old Enduring Powers covered only your property and affairs. In other words it authorised your attorney to deal with your money properties. It did not cover the question of your health and welfare.
Are Health and Welfare issues covered under the new Lasting Powers?
Yes, there are two types of the new Power. The first covers the same as the Enduring Powers and authorises someone to deal with your finances and there is another one to authorise someone to deal with your health and welfare issues.
Can i sign one document or both?
No, there are two separate documents and they need to be separately registered in order to be put into effect.
Legal advice may vary according to the circumstances of each particular case. Please contact us for advice.