Lasting Power of Attorney

Changes to the system of Enduring Power of Attorney from 1st October 2007
As from the 1st October 2007 a Lasting Power of Attorney (LPA) replaced  the existing Enduring Power of Attorney.

Enduring Powers of Attorney  (EPA) made prior to 1st October 2007 still remain effective as long as  they are duly executed by all parties, new LPA’s come within the  provision of the Mental Capacity Act 2005.

Lasting Powers of Attorney  can be made to deal with property and affairs and to deal with personal  welfare issues. Concern has been expressed in relation to the cost of  setting up a Lasting Power of Attorney compared with an EPA but the cost of an application to the Court of Protection could far outweigh those  costs should incapacity occur and no prior provision has been made.

Everyone therefore should consider putting in place a Lasting Power of Attorney  particularly when making a Will or prior to undergoing medical  treatment. It is still possible to make an Advance decision, often  described as a Living Will, but it is important to take medical advice  in this area.

Further information about EPAs, LPAs and the Mental Capacity Act 2005 is available on the PGO website the Public Guardian