New forms of Power of Attorney were introduced under the Mental Capacity Act 1925. These will be available for use from April 2007. These replace the existing Enduring Power of Attorney. However, all existing Power’s will continue to be valid under the new Act.

Under the existing Power, the Attorney has the authority to look after financial matters only. This is of course what most people will be concerned about. There are however occasions when the Attorney may need to become involved in arrangements for nursing care or consult with doctors and hospital authorities on medical matters. These are areas of personal care, welfare matters, which strictly speaking are not covered under the present system.

The Mental Capacity Act 2005 will, in addition to other far reaching changes, fill this gap. The Act introduces a new form of power, to be called the Lasting Power of Attorney, which gives the Attorney authority not only over financial matters but also over welfare matters. The Lasting Power of Attorney (LPA) will comprise of two separate types. One for financial matters and the other for welfare matters.

The welfare LPA will authorise the Attorney to make decisions in the area of for example housing and consent or refusal of consent for medical treatment.

The Act will also tighten up on the safeguards against abuse of the power by introducing a new system of compulsory registration at the public Guardianship Office.

If you would like further information please contact Jackaman Smith & Mulley at Park House Mere Street Diss IP22 4JY and ask for Mr. Stephen Abbott. Telephone 01379 643555.