It is impossible to foresee the future and what it holds for us but we can help ourselves and those closest to us to deal with the results of an illness or accident by appointing a trusted family member or friend to manage our affairs if we become unable to do so ourselves.

Before the 1st October 2007 it was possible to make an Enduring Power of Attorney (EPA) and if you already have a properly executed EPA made prior to that date it will remain valid.

On the 1st of October 2007 the Enduring Power of Attorney was replaced by a new Lasting Power of Attorney (LPA). The LPA, like the EPA, allows you to name one or more attorneys in whom you have absolute trust and confidence to make decisions on your behalf if you lose the mental capacity to make them for yourself. The new LPA allows you, not only to appoint someone to make decisions about how your money is to be spent and the way your property and affairs will be managed, but also to make choices concerning your welfare and healthcare. This includes major decisions such as the consent or refusal of treatment and deciding where you are to live.

As long as you have the necessary mental capacity it is possible to cancel a Power of Attorney or revoke an existing EPA and replace it with an LPA.

If you do not have a Power of Attorney document then, in the event of your mental incapacity, an application will be made to the court on your behalf for someone to be appointed as your receiver. This process is lengthy and the receiver who is appointed will be obliged to report to the court on an ongoing basis.

Granting a Power of Attorney is such an important decision that most people need the help of a solicitor who can guide them through the benefits and implications of giving their authority to other people to manage their affairs.