Lasting Powers of Attorney

The Mental Capacity Act 2005 introduced Lasting Powers of Attorney (LPAs).  LPAs replaced Enduring Powers of Attorneys (EPAs)  on the 1st October 2007  (EPAs made prior to 1st October 2007 remain valid but no new EPAs can be created).

LPAs allow you to give your attorney(s) broad and limited powers to make decisions on your behalf.   There are two types of LPA and they form two separate documents. 

A Property and Affairs LPA gives your attorney(s) the power to assist you with paying bills, managing bank accounts and investments, selling property, etc, should you become physically or mentally incapable of managing your own financial affairs or at your direction.   

A Personal Welfare LPA gives your attorneys the power to make decisions about your day-to-day care, medical treatment, decisions whether to provide life sustaining treatment, where you should live, your diet etc.  A personal welfare attorney can only ever make these decisions if you have lost the capacity to make them yourself.
LPAs are more complex than EPAs and give the donor (the person making the LPA) more freedom to choose both the extent and limitations of powers given to their attorney(s). 

Attorney(s) can be appointed to act together or together and independently   (jointly or jointly and severally) in respect of any transactions/decisions made on your behalf. 

An LPA cannot be used by your attorney(s) until the document(s) have been registered with the Court of Protection, you may choose up to five people to be notified before the registration process takes place.  LPAs can be revoked by you at any time prior to mental capacity.

If you would like further information about making a Lasting Power of Attorney please contact
Lea Garton in our Lifetime Planning Department: leagarton@slpsolicitors.co.uk.