Making a Lasting Power of Attorney or Registering an Enduring Power of Attorney

Lasting Powers of Attorney

Lasting Powers of Attorney are often considered by people who are concerned that, as they age, they may lose mental capacity. However, Lasting Powers of Attorney are an important and practical tool for anyone who has responsibilities, with at home or in business.

It is a sad fact of life that an accident or unexpected illness can leave anybody in a situation where they are incapable of taking care of their own health, welfare and finances.

If you are planning for your twilight years or a businessperson concerned about protecting your business should the worst happen, TP Legal can offer expert advice in relation to all aspect of a Lasting Power of Attorney.

We have extensive experience in guiding you through the process of preparing a Lasting Power of Attorney and helping you through the important decisions, giving you long term peace of mind.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust as an ‘attorney’ to make decisions on your behalf if you lose capacity. It can be made at any time whilst you have capacity but can only be used after it is registered with The Office of the Public Guardian.

You must be at least 18 years of age and have mental capacity in order to make an LPA, however should you ever lose capacity in the future, the LPA will continue to be effective and enable your attorneys to manage matters that may have become too difficult for you to manage yourself.

There are two types of LPA:

Lasting Power of Attorney for Property and Financial Affairs

This type of LPA can allow your attorneys to pay your bills, operate your bank accounts and manage or sell your property or investments, should it become necessary. With this type of LPA, you may also specify that you would like your attorney to act whilst you still have capacity. This can be helpful in cases where you are temporarily incapable of making decisions regarding your finances.

Lasting Power of Attorney for Health and Welfare

This type of LPA can only be used if you have lost mental capacity, and enables your attorneys to make decisions concerning your health and your welfare, such as which medical treatment you may receive, decisions about your diet, where you live and how you spend your time. This LPA also enables you to decide whether you would like your attorney to be able to refuse life sustaining treatment on your behalf.

Your attorneys must act in your best interests at all times, and must assist you in making the decision yourself before they make the decision for you.

Enduring Powers of Attorney

Enduring Powers of Attorney (registration)

On 1 October 2007, LPAs replaced the old form of Enduring Powers of Attorney (“EPA”).  EPAs did not require registration until you had lost capacity, and so it would most likely be the case that if you previously put an EPA in place, you will need to register it in order for it to be effective.  It is of course still possible to register your EPAs with The Office of The Public Guardian.

For more information please contact our Private Client Department on 01483 751878.

If you have any questions or have other queries, please don’t hesitate to get in touch with one of our specialist team of expert solicitors.