Private Client

Lasting Powers of Attorney
In October 2007 the law changed and you can no longer create Enduring Powers of Attorney (EPA’s).  However, if you created one prior to that, it is still valid and can be registered with the Court of Protection if the donor ever loses capacity to manage their own affairs. There are now two ways of ensuring someone can act on your behalf.  These two documents are called Lasting Powers of Attorney (LPA’s) and you can create them in relation to either your Property & Affairs or your Personal Welfare, or both.

The new forms are in-depth and you may wish to take professional advice when creating them and you now require a Certificate Provider to certify that you understand the implications of the power and that you are not being subjected to undue influence.  You also need to provide the details of a person to be notified that the document is being created, or have two separate and independent Certificate Providers.  This gives you and your Attorney more protection.

In order to be used, the LPA needs to be registered with the Court of Protection and this does not mean that the Donor has lost capacity.  Registration ensures that the Court and the person you have notified (if anyone) know that someone else is acting on your behalf.

Under an EPA, your Attorney could not make health and welfare decisions on your behalf but under the LPA – Personal Welfare, they now can.  You can decide whether you wish your Attorney to be able to refuse life-sustaining treatment and you can give very clear details to your Attorney about what you would wish to happen should you lose capacity to make those decisions yourself.

Although the new forms can appear daunting, they are still the best way to ensure that the person you decide should look after your affairs is able to do so and if you would like any further information on LPA’s, costs and Court fees, please contact Pat Richards on: 01273 229340 or by email on pat@pat@crosbymooresolicitors.co.uk

If you have a relative or friend or partner who has already lost capacity, then do also feel free to contact Pat in case you need information or guidance in relation to managing their affairs, because there is a process known as “Deputyship” which could assist you.

For further information and a confidential discussion please contact our Pat Richards on 01273 229340, or by e-mail on patpat@crosbymooresolicitors.co.uk