Lasting Powers of Attorney and Enduring Powers of Attorney

From 1 October 2007 two new separate types of powers of attorney were introduced  - known as a Lasting Power of Attorney Property and Affairs, and a Lasting Power of Attorney Personal Welfare.  These enable a person, known as the donor, to appoint another person, (or people) known as the attorney, to manage their property and affairs, and make decisions about welfare issues on their behalf. 

The Property and Affairs LPA replaces the old Enduring Power of Attorney but, at 25 pages long, is a more complex document.  It can be used whether or not the donor has lost mental capacity, but must be registered with the Office of the Public Guardian before it can be used by the attorneys.

On the other hand the Welfare LPA is an entirely new concept.  It enables people to plan ahead, in respect of personal welfare and health decisions, for a time when they become mentally incapable of making those sorts of decisions themselves.  It follows that the Welfare LPA can only be used in those circumstances and again it has to be registered with the Office of the Public Guardian before it can be used.  There is a correlation between the Welfare LPA and Advance Decisions as referred under the Advance Decisions Section.

We are able to assist in the preparation of Lasting Powers of Attorney and are able to make home visits.

Enduring Powers of Attorney which were properly drawn up and executed before 1 October 2007, are still valid and we are able to provide advice to attorneys whether they are acting under a Lasting Power of Attorney or an Enduring Power of Attorney.  All attorneys have a duty to abide by the five principles of the Code of Practice, under the Mental Capacity Act 2005, including having regard to the best interests of the donor, the person making the Power of Attorney, at all times.

Enduring Powers of Attorney must be registered with the Office of the Public Guardian at the onset of mental incapacity and we are able to assist attorneys with the registration procedure. 

Email our wills team.