Here is a summary of Melissa Rowell’s talk given to the Alzheimer Café UK in Stafford on Wednesday 5 September 2007 about the changes in the law come October in regard to Enduring Powers of Attorney.

Have you ever wondered what would happen if you were to lose your mental capacity through an illness, accident or infirmity making you unable to deal with your property and financial affairs?

Thousands of people make arrangements known as Enduring Powers of Attorney which are designed to come into force should future ill health mean you are no longer able to make decisions for yourselves due to mental incapacity. In these circumstances, the nominated person who is usually but not always a relative, would have the legal right to make decisions on the sufferer’s behalf about such things as money and property.

In addition to mental incapacity, there are many other reasons why you may need someone to act for you in managing your affairs; a stroke, debilitating illness, serious accident or injury, to name a few.

An Enduring Power of Attorney is an essential legal document for EVERYONE not just the elderly. Nobody knows when they are going to lose their mental capacity so act now and provide for this eventuality by putting in place an Enduring Power of Attorney.

An Enduring Power of Attorney can help avoid very considerable distress, worry, inconvenience and expense where a person can no longer make important financial decisions for themselves.

Time is rapidly running out as Enduring Powers of Attorney are being replaced on the 1st October this year by Lasting Powers of Attorney’s which will be more time consuming to set up at FAR greater expense.

The new Lasting Powers of Attorney will also have to be immediately registered at the Court of Protection which will push up the price even further.

However, one advantage of Lasting Powers of Attorney is that people will also be able to nominate someone to make decisions about their future health care, even to the point of whether or not they should be given life saving treatment.

That may appeal to some people while alarming others but at least they will have the choice.

People who like the idea of granting authority over their health care may prefer to wait until October 2007 when the new system is introduced, whereas those who only want to grant power of attorney over their financial affairs might be better making arrangements now when the cost is much lower.

There are other differences between the Enduring Powers of Attorney and the new Lasting Powers of Attorney. A certificate of capacity will be needed for the Lasting Power of Attorney stating that the person was mentally capable at the time he or she signed the document. This is another reason why the cost of making Lasting Powers of Attorney will be more expensive.

If you do not make an Enduring Power of Attorney now or a Lasting Power of Attorney in the future your family may have to make costly applications to the Court in order to run your property and financial affairs if you become incapable of doing so yourself.

If you are thinking of making an Enduring Power of Attorney or Lasting Power of Attorney, you should obtain clear legal advice. Existing Enduring Powers of Attorney will remain valid after October.

If you do not have an Enduring Power of Attorney you may want to consider setting one up before the new rules are introduced, since many lawyers believe that the old regime has certain advantages, particularly regarding cost.

If you would like a copy of the information pack we have prepared in regard to the changes in the law please telephone Melissa 01785 213234 or email Melissa.rowell@1st-solicitors.co.uk