Enduring Power of Attorney

Did you know that you can still address your Personal Welfare Matters even if you have an old style Enduring Power of Attorney?

Many of our clients hold an Enduring Power of Attorney taken out before the system was changed in 2007. Any Enduring Power of Attorney entered into before the1st October 2007 deadline are still effective. However, they are only valid for use in property and financial matters.

Post 1st October 2007 it became possible to take out both a Financial Power of Attorney and a Health and Welfare Power of Attorney, meaning that Attorneys can be appointed to manage all of a persons’ affairs – if it became necessary.

What many people don’t realise is that it is possible to take out a Health and Welfare Power of Attorney to sit alongside your existing Enduring Power of Attorney.

The Health and Welfare Power of Attorney must be registered before it can be used but will not come into being until such time as the Donor is deemed to have completely lost their mental capacity. The appointed attorney can then make decisions relating to where the donor lives, the medical treatment received and will be involved in discussions relating to medication issued if necessary. The Health and Welfare Power of Attorney can also be used to allow an Attorney to consent to or refuse life sustaining treatment – which is any treatment that a Doctor considers necessary to keep the person alive.

Of course both new styles of Power of Attorney can also be taken out together – Property and Financial Matters and Health and Welfare but it is also important to realise that you can also enter into a Health and Welfare Power of Attorney if you have an old style Enduring Power of Attorney.

If you have any further queries please contact a member of the Private Client Team here at GoodyBurrett and we will be happy to assist you.