Those people who wish to make provision for the future in case they lose their mental capacity to deal with their property and affairs can no longer make an Enduring Power of Attorney. This has been replaced by a Lasting Power of Attorney.

The Mental Capacity Act 2005 and Code of Practice now govern the application and registration of Lasting Powers of Attorney.

There are two types of Lasting Powers of Attorney available:

 Property and Affairs and
 Personal Welfare

The law has changed so as to provide greater protection against undue influence and abuse at the time of making the Lasting Power of Attorney and when the power is used by the chosen Attorney (s).

The law also now enables you to appoint someone to make decisions about your health and welfare including the refusal of life sustaining treatment. A lot of people underestimate how important it is to make provision in case they lose their mental capacity and are discouraged by how much it costs. Admittedly it is more expensive now than before the law changed, however in the future it could save you a lot of money and less anxiety and emotional distress for your family.

Call our office now on 01785 213234 for further advice about Lasting Powers of Attorney.