The New Lasting Power of Attorney

The new lasting power of attorney (LPA) replaced the old enduring power of attorney in October 2007. You can read an outline of the differences between the old EPA and the new LPA here.

As with the old enduring power, everyone who makes a will should make a lasting power of attorney.

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What happens when a person is no longer capable of handling or managing their own affairs?

If you are unable to look after your own affairs, and you do not have a Lasting Power of Attorney, the Court of Protection will appoint a Deputy to manage your affairs for you. There will probably be significant legal fees due and the Deputy may not be aware of your personal circumstances. This could apply to anyone, at any age, by reason of illness, disability or mental impairment who may no longer be able to deal with even simple matters like handling a bank or building society account or transacting a house sale.

Unlike the old Enduring Power, which was one short document, The Lasting Power of attorney has two sections which can be made separately or together.

1. The Property and Affairs LPA allows you to choose a person you trust to make decisions about how to spend your money and the way your property and affairs are managed. Once registered, and unless you have put a restriction on it, this type of LPA can be used by your attorneys straight away. This effectively replaces the old Enduring Power of Attorney.
   
   
2. The Personal Welfare LPA which allows you to appoint somebody to look after YOU and your personal welfare and healthcare. This effectively replaces what was commonly known as the 'Living Will'.

Whenever an attorney makes a decision under an LPA, by law they must act in the best interests of the donor who has given them the power.

If you want to make plans for the future while you still have the mental capacity to handle your own affairs, creating an LPA now will allow you to choose one or more people to act as decision-makers.

A Lasting Power of Attorney can be made by anyone aged 18 or over but can only be used once it has been registered with the Office of the Public Guardian.

Every LPA requires the signature of an approved Certificate Provider and eventual registration with the Office of the Public Guardian.

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Frequest Questions Links.

>>> How many people should I appoint as Attorneys and who?
>>> How do I register a Lasting Power of Attorney?
>>> I have an Enduring Power of Attorney, what happens to that?
>>> How do I cancel powers of attorney?
>>> Do I need to take professional advice?
>>> What is the procedure in Scotland?