Lasting Powers of Attorney

On 1st October 2007 a new regime comes into force that was designed to protect the elderly.

Currently a person (called ‘the donor’) can make an Enduring Power of Attorney (EPA). This will be replaced by a new document called a Lasting Power of Attorney (LPA) as laid out in sections 9-14 of the Mental Capacity Act 2005. However EPA’s made before 1st October will still be valid and continue after 1st October. After this date you will only be able to make an LPA. There are two types of LPA: one for property and finances and the other for personal welfare. This is a key change: the attorney will be able to make decisions about the person’s welfare, health and housing – even if life-sustaining treatment is to be refused.

But lawyers still have concerns. It is felt that the new regime (which does not affect existing EPA’s) will be more difficult, costly and be subject to greater delays. There must also be a certificate to state that the donor knows what he or she is doing.

Alan Porter of The Will Centre says, “This is still a lot on confusion about LPA’s. The legislation was supposed to start earlier this year but was put back to the 1st October. Our advice is to make sure you have an EPA before the deadline of 1st October. If you already have one then make sure it is updated if it does not make your current wishes. And don’t forget EPA’s aren’t just for the elderly or infirm – they are for everyone!”

Call The Will Centre on 01752 607040 for free impartial advice.