Enduring Powers of Attorney (“EPA’s”) were a fore-runner to Lasting Powers of Attorney (“LPA”). EPA’s enabled you to chose a person (“Attorney”) to look after your affairs in the event that you lost the capacity to manage them yourself and were strictly limited to the your financial affairs. EPA’s can no longer be made after 1st October 2007, however, if you made an EPA before that date, it will still remain valid and can be used by your appointed Attorney to manage your business affairs.
LPA’s were introduced by the Mental Capacity Act 2005 to replace EPA’s as it was felt that the old EPA regime could possibly leave Donor’s vulnerable to unscrupulous Attorneys.
There are two different types of LPA: property and affairs LPA and health and welfare LPA. Each type covers different decisions and there are separate application forms for each. You can choose to make both types, or just one. You can have the same attorney for both, or you can have different attorneys.
The main difference between the old EPA regime and LPA’s is that an LPA must be registered with the Office of the Public Guardian before it can be used whereas an EPA can be used from the moment it is signed and is only required to be registered once the Donor loses capacity. Health and welfare LPA’s can only be used once the Donor has been deemed to have lost capacity to make such decisions for themselves.
General Powers of Attorney (“POA”) are limited to only dealing with financial affairs and will cease to be effective in the event that the Donor of loses capacity.
PLS Solicitors specialise in advising on the complex area of family law, especially Wills, Trusts and Probate. We offer a friendly, efficient and effective legal advice on any area of family law.
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