When should a health and welfare deputy be appointed?
Amy Goldman | 30.07.2019
It is important to choose attorneys wisely and trust them implicitly, particularly if they can make some decisions on their own. All attorneys of registered powers of attorney can be investigated by the Office of the Public Guardian at any time and issues regarding the conduct of the attorneys can be raised by solicitors, family, friends, social workers, etc. This adds a layer of protection for the individual.
(which can no longer be created after 30 September 2007)
Properly created Enduring Powers of Attorney created on or before 30 September 2007 remain valid but only cover decisions relating to an individual’s property and financial affairs – please see below as to what this allows:
Enduring powers of attorney can be used without being registered, while the individual still has mental capacity. There is a duty to register the document with the Office of the Public Guardian if the individual is, or is becoming, mentally incapable. It can take up to 4 months to register.
a) Property and finance
b) Health and welfare
Enduring powers of attorney and Lasting powers of attorney – property and finance give the appointed attorneys authority to deal with:
Lasting Powers of Attorney – health and welfare give the appointed attorneys authority to deal with:
Lasting powers of attorney cannot be used unless they are registered with the Office of the Public Guardian first. Once registered, a property and finance LPA can be used whether or not the individual has capacity. If the individual has capacity it can only be used with their consent and under their direction..
Health and welfare LPAs cannot be used unless the individual is mentally incapable of making the decision themselves at that time.
General powers of attorney do not need to be registered at the Office of the Public Guardian and can be used as soon as they are signed. They are valid for 12 months and only while the individual has capacity. They can be useful in situations where the individual is incapacitated for a short period, for example if they become housebound or are going away for a while. After 12 months there is a need to provide further information. If the individual loses mental capacity then this type of power of attorney becomes invalid immediately and can no longer be used.
At Moore Blatch we are able to assist individuals with the creation of powers of attorney. We also offer support and guidance to attorneys and can be instructed to assist with the administration of the attorneyship.
For more information please contact Fiona Heald on 01590 625866.
Philip Whitcomb | 15.08.2018
Philip Whitcomb | 10.08.2018