Powers of Attorney York RLA 12th June 2019

Powers of Attorney Legal documents which authorise a person/people that you trust to help you to make decisions or actually make decisions for you Give you some control Insurance policy! Why you might need one: As a temporary measure – hospital stay or long holiday Long-term planning – you have been diagnosed with dementia and you worry that you might lose capacity, you have a physical issue which might make some decisions more difficult © Ware & Kay Solicitors 2019

 Types of Power of Attorney Property and Financial Decisions Health and Welfare Decisions General Power of Attorney  Enduring Power of Attorney Lasting Power of Attorney © Ware & Kay Solicitors 2019

Terminology Donor Attorney(s) The person making the power of attorney The person/people appointed by the donor Office of the Public Guardian (OPG) Responsible for maintaining a register of powers of attorney Deal with queries from/complaints about attorneys © Ware & Kay Solicitors 2019

Terminology Joint appointment Joint and several appointment Attorneys must act together Maximum protection for the donor BUT straightforward decisions may be delayed Power of attorney will be cancelled on death/incapacity of attorney unless a replacement is appointed Joint and several appointment Attorney can act together but can also act separately More flexible for the attorneys BUT less protection for the donor as one attorney could act without the involvement of the others Most common type of appointment © Ware & Kay Solicitors 2019

General Powers of Attorney Benefits Limitations Simple document. Can be used as soon as the donor has signed it Property and financial decisions only Can appoint one or more attorneys on a joint / joint and several basis Revoked if the donor loses mental capacity therefore suitable if you need help for a temporary period © Ware & Kay Solicitors 2019

Enduring Powers of Attorney Replaced in October 2007. Existing ones valid but they cannot be amended and no new ones can be prepared Benefits Limitations Continue if donor loses capacity Property and financial decisions only Can appoint one or more attorneys on a joint / joint or several basis Attorneys under a duty to register if the donor loses capacity – the legal test for registration can be difficult © Ware & Kay Solicitors 2019

Lasting Powers of Attorney Property and Financial Affairs Introduced in October 2007. Lengthy documents due to increased safeguarding measures. Two types: Separate documents – choose either or both Property and Financial Affairs Health and Welfare Managing your money Medical decisions Paying your bills Moving to a care home Selling your home Your daily routine Collecting benefits/pensions Life sustaining decisions (DNR) © Ware & Kay Solicitors 2019

Lasting Powers of Attorney Can appoint attorneys AND replacement attorneys Cannot be used unless they have been signed by all parties and registered by the Office of the Public Guardian. Registration takes 10-12 weeks. Can be registered once signed or delayed until required. Most register immediately Health and Welfare document can only be used if the donor loses mental capacity © Ware & Kay Solicitors 2019

Lasting Powers of Attorney Safeguarding measures – your ability to tailor the document to suit your individual needs Preferences – not binding Instructions – binding People to be notified – optional Certificate provider – mandatory © Ware & Kay Solicitors 2019

Lasting Powers of Attorney Duties of your attorneys Must act in your best interests Must act in accordance with the terms of the law and the terms of the document Documents can be cancelled by you whilst you have capacity – in full or in part © Ware & Kay Solicitors 2019

Key Points Important “insurance policy” to give you control Best prepared in advance of being required – capacity issues/time required to become operational Will make it easier for others to help you BUT choose your attorneys carefully Be aware of the limitations with Enduring Powers of Attorney – consider preparation of a Lasting Power of Attorney for health and welfare © Ware & Kay Solicitors 2019

Any Questions? sian.foster@warekay.co.uk @WareandKay Sentinel House Brunswick Court 2 Market Street Peasholme Green Victoria Street Malton YORK WETHERBY North Yorkshire YO1 7PP LS22 6RE YO17 7AS Tel: 01904 929321 01937 229527 01653 272023 © Ware & Kay Solicitors 2019