Lasting Powers of Attorney

 

A Lasting Power of Attorney (LPA) is a relatively new type of Power of Attorney which replaced the Enduring Power of Attorney (EPA) from 1 October 2007.  The LPA is a document in which an individual appoints another person or persons (the Attorney(s)) giving authority for decisions to be made on his or her behalf.  The LPA is similar to an EPA in that it will remain in force after the donor becomes mentally incapable of managing his/her own affairs.  LPAs are best made in good time and not put off until the onset of physical and mental incapacity, when the donor may lack the mental capacity to sign one.

 

There are two types of LPA, Property and Affairs and Health and Welfare.  A Property and Affairs LPA give the Attorney(s) authority to deal with the donor’s property and finances, as the donor specifies.  A Health and Welfare LPA allows the Attorney(s) to make welfare and healthcare decisions on the donor’s behalf only when the donor lacks mental capacity to do so him/herself.  This could extend to the giving or refusing of consent to the continuation of life sustaining treatment.

 

We can assist in the preparation and registration of Lasting Powers of Attorney and in applications to the Office of the Public Guardian for the appointment of Deputies.  Should it be more convenient for you, we are happy to attend upon you at your home at no extra charge to you.


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