It is an odd fact of life but we often don't think of our parents as getting old, we tend to remember them as they were when we were children, but then there comes a stage where their health may deteriorate, they may become forgetful, and are unable to carry out the day to day tasks that they always took for granted.

Matters can become particularly difficult when an elderly person's mental capabilities begin to deteriorate and they lose the ability to make rational decisions. It is also unfortunate that in that situation there are always unscrupulous individuals about who sometimes take advantage of an elderly persons vulnerability.

What can be done to cover these type of situations? The Law in this respect changed as from the 1st October 2007. Up until that date it was possible to make what was known as an Enduring Power of Attorney. If somebody made an Enduring Power of Attorney prior to the 1st October 2007, it wil remain valid. If however no Enduring Power of Attorney was entered into prior to that date, then there is a new system by virtue of which individuals are able to make Lasting Powers of Attorney (LPA's).

There are two types of LPA's:
• a Property and Affairs LPA
this is an LPA by virtue of which somebody appoints one or more persons, who are known as Attornies to make decisions on his/her behalf in relation to property and affairs.
• a Personal Welfare LPA
this is an LPA by virtue of which somebody appoints one or more persons, who are known as Attornies to make decisions on his/her behalf in relation to personal welfare.

An Attorney who is appointed under a Property and Affairs LPA can make any decision that could have been made by the person who granted the LPA about his/her property and affairs, for example buying or selling a property, managing money that is in a bank or building society, or even running a business.

If somebody has granted a Personal Welfare LPA, then that enables the Attorney to make decisions on issues such as the granting or refusing consent to medical treatment, the Attorney could make decisions as to where the elderly person is to live and with whom, and even on issues such as deciding what they wear, what they eat and how they spend their time.

As you can imagine it is always the Attornies duty to act in the best interests of the person who has made the Grant. The advantage of making an LPA is that essentially it enables ones children to handle their affairs. It is important to realise however that before an Attorney can act under an LPA, it is necessary for it to be registered with the Office of the Public Guardian.

Please feel free to contact our offices to discuss any issues that you may have regarding your parent's or other relatives, and we will be able to consider with you whether it is appropriate for any action to be taken at this stage.