Lasting Power of Attorney

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A lasting power of attorney goes one stage further than an ordinary power of attorney, because it carries on, or “lasts”, even after the donor is unable to manage his or her affairs, whether temporarily or permanently, or because of an illness, disability or accident. Lasting powers of attorney have replaced enduring powers of attorney, although valid enduring powers of attorney made before 1st October 2007 are valid and can still be used.

For a lasting power of attorney to be valid, the donor must fully understand the implications of the arrangement at the time of making it. A certificate provider (someone who has known the donor for at least two years or someone with specialist skills in assessing if a person is incapacitated) will need to sign a certificate to say that he or she is aware of the implications and that nobody is pressurising them into making a lasting power of attorney.

The attorney must be at least 18 years old and must not be bankrupt if appointed to make decisions about a person’s property and money. More than one attorney can be appointed at the same time.