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Power of Attorney/Lasting Power of Attorney
The person you care for can ask you to act for them in many aspects of managing their affairs. Granting you 'power of attorney' does this. If the person you care for wants you to act for them just for a temporary period, or whilst they are able to supervise you, then an ordinary Power of Attorney may be appropriate.If the person you care for is worried he or she might lose their mental abilities - he/she can ask you to manage his/her affairs in the event that he/she becomes mentally incapable. This is called a 'Lasting Power of Attorney'. The person you care for can set up a Lasting Power of Attorney while fit and healthy which would only be activated if he/she can no longer manage their affairs.
There are two types of Lasting Powers of Attorney:
The Property and Affairs Power of Attorney gives authority to the person of your choice to handle property and financial matters.
The Personal Welfare Authority gives your chosen attorney the power to make decisions as to where you live, whether or not you should be given medical treatment, and make decisions on other matters of a personal nature.
Mental Capacity and LPAs
From 1st October 2009 the Lasting Power of Attorney forms have been simplified by the Office of the Public Guardian (OPG). Some banks do not understand the law regarding LPAs and EPOAs (Enduring Power of Attorney) by suggesting that, for instance, 'an appointeeship order is needed from the court' or 'their systems cannot be updated with new LPAs. This is incorrect, and if anybody has a problem with LPAs and EPOAs and their bank, CareAware would like to hear from them. Visit their website at www.careaware.co.uk, phone 0161 707 1107, or write to PO Box 8, Manchester M30 9NY
You can get more information from:
Mental Capacity Act - who's going to decide when you can't?Careaware Non-profit-making information, advisory and advocacy service specialising in elderly care funding - have produced an Acting on a Person's Behalf bulletin which provides a simplified explanation of the new Lasting Power of Attorney system and how the enduring Power of Attorney arrangements will continue. The bulletin is available from the Helpline - Tel: 08705 134925
www.ageuk.org.uk has a factsheet about arranging for others to make decisions about your finances or welfare. Age Concern and Help the Aged merged in April 2010 and became Age UK.
West Sussex Carers Support Services
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