Lasting Power of Attorneys (LPA’s) replaced the original Enduring Power of Attorneys (EPA). The new procedures came into force on the 1st October 2007. The rules mean that EPA’s can still be used but cannot be created after 1st October 2007.
There are two types of Lasting Power of Attorneys, one for Personal Welfare and the other for Property and Affairs. They are both similar documents but obviously relate to different aspects of the Attorneys duties.
LPA’s are an extremely useful instrument allowing people to choose who they wish to deal with their affairs should they themselves lose the capacity to do so whether this be due to poor health, old age or an accident. The LPA can be registered immediately with the Office of Public Guardian (OPG) thus saving time and cost of an application in the future if you were unable to deal with your own affairs.
You may create an LPA at anytime so long as you possess sufficient mental capacity. If you decide not to proceed with the LPA’s at this stage but at a later point are unable to deal with your own affairs and do not possess the necessary mental capacity then a different application to the Court of Protection (this is a specialist Court for all issues relating to people who lack capacity to make specific decisions) will need to be made for someone to deal with your affairs these will usually be called Deputy/ies. This process can be very lengthily and we would therefore suggest an LPA should be created and at the earliest convenience.
We can advise on the procedure, prepare and complete the necessary documentation and make application to the Office of the Public Guardian with regard to your existing EPA or your LPA. Please contact our team regard to any of the matters outlined above.
