Attorneys appointed to act together – this means they must always act together. The advantage of this arrangement is that it makes it harder for an attorney to commit fraud or do something against the interests of the donor. The disadvantage, is that the whole power of attorney comes to an end if one attorney dies or becomes mentally incapable.

Alternatively, you could keep your EPA but make and register an LPA to deal with your personal welfare in case you lose your mental capacity. You must make an LPA whilst you’re still able to make decisions for yourself. You should choose the person who you want to look after your affairs very carefully. The person you choose to look after your affairs is called an attorney. See under heading General rules about power of attorney for more information about this. Having a PoA lets you plan what you want another person to do for you in the future, should you become incapable of making decisions about your own affairs.

When Can An Enduring Power Of Attorney Be Made?

If you’re unsure, contact the Office of the Public Guardian for advice. The role of an attorney involves a great deal of power and responsibility. We explain who you can choose, how they should act and what you can do if your attorney isn’t acting in your interests. Download the forms or fill them in online — you can save your details and return if you get stuck. Contact the Office of the Public Guardian to get the relevant forms and an information pack.

This booklet gives practical advice on handling someone’s personal information to help them manage their affairs, or when managing their affairs for them. If you don’t make an LPA, and later become unable to make certain decisions for yourself, there may come a time when no one can legally make those decisions for you. This can make things difficult and very drawn-out, such as paying bills or care costs, or making decisions about your future care. In Northern Ireland, the laws around powers of attorney are different.

  • An EPA could be used before someone lost their mental capacity or after they lost their mental capacity once the EPA had been registered.
  • Make sure that your chosen Attorneys understand the role and are willing and capable of fulfilling the duties that they will owe.
  • You must make the decisions yourself – you cannot ask someone to make them for you.
  • For example, having dementia doesn’t necessarily mean that someone is unable to make any decisions for themselves.
  • Planning can make things much easier as your condition progresses.
  • It is suitable if you need cover for a temporary period or if you find it hard to get out, or you want someone to act for you.

Attorneys should always take legal advice before entering into any onerous obligations or contracts on behalf of the Donor. It is also important to understand how you may become legally liable as an Attorney. You should consider at all times the ways in which you should limit your personal liability and the potential liability of the Donor for whom you act. Should something happen to leave you unable to manage your affairs, it’s a great comfort to know you’ve appointed someone who can step in and help.

What Are General Or Ordinary Powers Of Attorney?

It can also help you to know that you have chosen people you trust to make decisions for you when you need them to. Planning ahead can make things easier for your family and friends as well. Your attorney can also use it to make decisions with your permission if you still have mental capacity to make those decisions yourself . You may need to take legal advice if you are concerned about any confusion between your advance decision and your LPA.

These can also give someone permission to manage your property and finances on your behalf. Unlike a property and affairs LPA, a health and welfare LPA cannot be used to make decisions about your welfare or treatment that you can make for yourself. A health and welfare LPA allows your attorney to make decisions on your behalf about your health and care, if you are unable to make these decisions for yourself. This lets the person you appoint make decisions about your care and medical treatment. A Power of Attorney enables you to choose a person/or persons to deal with your property and affairs.

If your attorney is a friend or relative, they can get back out-of-pocket expenses, but they can only get paid for carrying out their duties if the donor has agreed to this on the LPA form. A property and financial affairs LPA will come to an end if either the donor or an attorney becomes bankrupt. This is because you won’t be able to continue using an ordinary power of attorney if you lose your mental capacity. Some types of power of attorney also give the attorney the legal power to make a decision on behalf of someone else such as where they should live or whether they should see a doctor. If the benefits or tax credits are paid into a bank or building society account, contact the bank or building society to arrange for someone else to collect them. You might have to fill out a third party mandate – see Bank and building society accounts above.