Lasting Power of Attorney or Enduring Power of Attorney – the differences explained
Perhaps you are going travelling and want to appoint someone to manage your affairs while you’re away. Or you may be worried that you will no longer be able to make important decisions about your life because of an illness such as a stroke or mental health problems. Arranging a Lasting Power of Attorney or registering your Enduring Power of Attorney could be the answer.
Making sure your affairs are taken care of
Sometimes you really want someone else to be able to make decisions for you, for example at a time when you are suffering from dementia or a head injury. Other times it’s simply easier to have someone else take the reins for a while, for instance if you’re facing a long stay in hospital. We can help you put plans in place.
- Lasting Power of Attorney
This gives you the chance to arrange for someone else to look after your affairs if the need ever arises. There are two types you can arrange: one that relates to your property and financial affairs, and one that focuses on health and welfare issues. They are powerful and important documents that still stand even if you lose your mental capacity. Find out more in our factsheet.
- Enduring Power of Attorney
You may already have chosen someone to act as your attorney through an existing Enduring Power of Attorney. This covers the management of your property and financial affairs, and will need to be registered with the Office of the Public Guardian, if you start to lose your mental capacity. However, if you want your attorney to manage your health and welfare, you’ll need to set up a Health and Welfare Lasting Power of Attorney too. Find out more about the difference between Enduring and Lasting Power of Attourney.
- Choosing your attorney
You need to think carefully about who you’d like to be your attorney. We can help you and your family understand what’s involved, and what to look for when you are making your decision. We can also provide the services of a professional attorney, should you wish this. It’s our job to make sure that decisions about your personal affairs are in safe hands for the future.
- Support for Deputies and Attorneys
Acting as a Deputy or an Attorney can be a lonely experience where you may have to make complex, difficult decisions often at the same time as caring for your loved one. Our experienced team provide tailored support to Deputies and Attorneys to ease the strain, and can help you as little or as much as you need.
Sadly, some people cannot set up a Lasting Power of Attorney due to mental incapacity. However, we can still help by applying to the Court of Protection to appoint a Deputy for you. We also have a useful guide on being an executor of an estate.
“What the team is known for: Bath-based team dealing with complex domestic and international matters. Handles offshore trust work, asset protection and estate administration. Also advises on Court of Protection proceedings and issues concerning vulnerable people. Strengths (Quotes mainly from clients): “Good, clear advice provided without delay.” Notable practitioners: James McNeile (Band 2) leads the group and advises domestic and international clients on estate and tax planning and trust management. Market commentators say he has “a fantastic reputation.”” Chambers 2017 South West
“What the team is known for: Advises clients from its Oxford and Swindon offices on trusts, tax and estate planning matters, wills and estate administration. Adept at handling contentious probate and trusts work. The firm has its own trust company, providing advice to trustees. Strengths (Quotes mainly from clients): “They are strong in estate planning and trusts.” “They’ve been very good and very easy to deal with.” Notable practitioners: Tom Gilman’s (Band 2) practice focuses on inheritance tax issues, wills, trusts and estates planning and administration. He also has capability advising on Court of Protection matters and powers of attorney. A client notes: “He is thoughtful, careful and he has always given me excellent advice.”” Chambers 2017 Thames Valley Oxford, Swindon & Surrounds
“Royds Withy King’s Becky Ricards Small handles personal injury trusts, while department head James McNeile undertakes international work.” Legal 500 2016 South West