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| Farewell EPAs, Welcome LPAs… by Michael Derrick 23/10/2008 |
| Since November 2007 Enduring Powers of Attorney can no longer be made. Lasting Powers of Attorney, LPA, now stand in their place. A LPA is a legal document that someone, the Donor, signs allowing them to choose someone now, the Attorney, that the Donor trusts to make decisions on his/her behalf at a time in the future when he/she either lack the mental capacity or no longer wishes to make those decisions. Unlike the old EPAs, the LPAs allow decisions to be made about the Donor's property and affairs or about their personal welfare, as there are two types of LPA. A LPA is a more detailed and complex document than its predecessor, but it hoped that safeguards and details required to complete and use the new LPAs will ensure that the powers granted to the Attorney are not misused or abused.Making an LPA is the only way to make plans for a time in the future when you may lack the capacity to make decisions for yourself. An LPA can only be used after it is registered with the Office of the Public Guardian The two types of LPA are as follows: The Property and Affairs LPA A Property and Affairs LPA allows the Donor to appoint an Attorney to manage the Donor's finances and property even whilst he/she still has capacity to make decisions for himself/herself. The Donor may include a restriction that the LPA can only be used at a time in the future when the Donor lack the capacity to make decisions for himself/herself for example, due to the onset of dementia in later life or as a result of a brain injury. The Personal Welfare LPA A Personal Welfare LPA allows the Donor to appoint an Attorney to make decisions on the Donor's behalf about personal welfare or medical issues. A Personal Welfare LPA can only be used when the Donor lacks the capacity to make those decisions. Under either LPA one may appoint one or more Attorneys. If there is more than one Attorney, the Donor must specify whether the Attorneys must act together or may act together and separately. A replacement attorney may be nominated, if desired. Restrictions may be placed on the Attorneys and guidance may be given by the Donor; for example if the Donor has strong opinions on certain issues, such as ethical investment. Please contact myself or one of my colleagues Bryan Dean, Richard Butler or Richard Hemmingway for more information and assistance. |