Lasting Powers of Attorney – Sound Planning for the Future

Lasting Powers of Attorney (LPAs). Every day we make decisions about our welfare and finances, yet few of us think about making provision for a time when we can no longer make these decisions for ourselves.

On 1st October 2007 the final provisions of the Mental Capacity Act 2005 came into force. Since that date Lasting Powers of Attorney (LPAs) have replaced the old Enduring Powers of Attorney (EPAs). Although, no new EPAs can now be created, existing EPAs are still valid and can be registered.

A Lasting Power of Attorney is a legal document which enables you to nominate an attorney to make decisions relating to your finances, personal welfare and healthcare on your behalf, at a time when you are unable or lack the capacity to do so. You can appoint as many attorneys as you wish and you can nominate replacement attorneys to act in their place should they be unable to act for whatever reason.



The two types of Lasting Powers of Attorney

The Mental Capacity Act introduced two different types of Lasting Powers of Attorney, one which deals with a person’s property and affairs and another which covers healthcare and personal welfare.

An attorney appointed in a property and affairs LPA can make decisions such as paying household bills, managing bank accounts, collecting income, benefits and pensions or even selling or buying a house on your behalf. On the other hand, a personal welfare attorney will make decisions concerning the donor’s day-to-day welfare, including where you live and the medical treatment you receive. The donor can if he/she wishes place restrictions and/ or conditions upon these powers and they can also include guidance for their attorneys to take into consideration when making decisions.

The new LPAs do not come into effect as soon as they are signed, they can only be used once they have been registered with the Office of the Public Guardian. Registration can take place immediately if the donor wishes or they can specify that it is only to take place once they lack mental capacity. This provides flexibility for the donor and allows them to retain financial independence until such a time when the powers are needed.

LPAs are not something which only the elderly should consider. We never know if and when we may be taken seriously ill or if we will be injured in a road accident, preventing us from managing our own financial affairs or making choices in connection with our welfare. If no LPA is in place, an application would need to be made to the Court of Protection to appoint someone to the role of Deputy to act on behalf of the person. This is a costly and lengthy process involving medical assessment and the patient’s solicitor.

By making an LPA you can save your family worry and expense at a difficult time. Using an LPA you can appoint people you trust to act in your best interests and in accordance with your wishes. They provide an often over-looked means of controlling the decisions that you want to be made when you are no longer able to make those decisions for yourself. 


Further information

If you would like more information on making a Lasting Power of Attorney please do not hesitate to contact us.

Our Adviser will guide you through the form and registration process and will be happy to discuss any queries you may have at an appointment. We also provide timely and cost effective advice and assistance on registering existing EPAs and making applications to the Court of Protection.