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Capacity

Enduring power of attorney.

An enduring power of attorney says who makes decisions for you if a day comes when you cannot make them yourself. You choose the people and you set the limits. It has no effect at all while you still have capacity.

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At a glance

Most people make an enduring power of attorney at the same appointment as a will. It saves a second trip.

01Governed byAssisted Decision Making (Capacity) Act 2015

02Registered withThe Decision Support Service

03Also needsA doctor's statement and a solicitor's statement

04How we chargeFixed fee, plus outlays and VAT

The steps

Made now, registered now, used only if it is ever needed.

You choose your attorneys

One person or more than one, and you say whether they act together or can act separately. You can name a substitute in case somebody cannot act when the time comes. Most people appoint a spouse and an adult child.

You decide what they may do

Property and money, personal welfare, or both. You can exclude specific things, such as selling the family home, or require that a named person be consulted first. Certain decisions are outside an attorney's power altogether.

Two statements are taken

A registered medical practitioner confirms you have capacity to make it. A solicitor confirms you understand it and are not acting under pressure. Both statements are part of the document.

Notice parties are told

At least two people must be notified that you are making it, so that nothing happens quietly. They can object to the Decision Support Service if they have grounds.

It is registered, and then it waits

The document is registered with the Decision Support Service. It gives your attorneys no power at that point. It comes into effect only if and when you no longer have capacity to make the decisions covered by it, and a further notification is made at that stage.

Three different documents, three different jobs.

Enduring power of attorney

Covers money, property and welfare decisions if you lose capacity. Made in advance, used later, or never.

Advance healthcare directive

Sets out the medical treatment you would refuse, and can name a designated healthcare representative. A separate document under the same Act.

A will

Takes effect only after death. An attorney's authority ends at that point and the executor's begins.

Making a will

If capacity has already gone

An enduring power of attorney can only be made by somebody who still has capacity. If that point has passed, the route is an application to the Circuit Court for a decision making representation order under the 2015 Act. It takes longer and costs more, which is the reason to do this early. Ring 0818 44 55 66 and we will tell you which situation you are in.

Client guides

Your guide, with your own figures.

Read the steps, try the calculator, then create a printable guide with your details to bring to your first appointment.

Enduring power of attorney: the how and the why

A will speaks after death. An enduring power of attorney speaks if illness or injury means you cannot manage your own affairs.

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Making a will: what to bring

Making a will is one of the shortest legal jobs there is, and one of the most valuable. This guide shows you how to prepare.

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