1. Powers of Attorney York RLA
12th June 2019

2. 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
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3.  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
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4. 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
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5. 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
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6. 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
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7. Enduring Powers of Attorney
Replaced in October 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
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8. Lasting Powers of Attorney Property and Financial Affairs
Introduced in October 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)
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9. 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 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
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10. 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
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11. 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
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12. 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

13. 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:
© Ware & Kay Solicitors 2019