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Lasting Powers of Attorney (LPA) and Enduring Powers of Attorney (EPA):
A Power of Attorney is drafted in a legal document by a ‘donor’ (the individual appointing an attorney). A person appointed as an attorney, by you (the donor), will make decisions on your behalf. For the more technical reader, these documents find their legal framework in the Powers of Attorney Act 1971 and section 25 of the Trustee Act 1925.
Lasting Powers of Attorney were introduced by the Medical Capacity Act in 2005 and replace the old Enduring Powers of Attorney (EPA’s) from 1 October 2017. Whilst EPAs continue to be valid and will be seen in everyday life, it has not been possible to make an Enduring Power of Attorney since 1 October 2007.
The greater scope of the Lasting Powers of Attorney means the process of creating one and registering it at the Office of the Public Guardian, is considerably more involved than previous EPAs – hence the need for a solicitor. Several amendments have been made to the Lasting Power of Attorney forms since their introduction in 2007. The aim was to make them quicker and easier to complete. The latest piece of legislation was the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) regulations 2015, which came into force on 1 July 2015.
What Types of LPA’s are There and Which do I Need?
There are two types of Lasting Power of Attorney; one which deals with your property and financial affairs and the other that deals with your health and welfare. The two are independent and you (the donor) may appoint different people to act in each of your LPAs.
The one that you require will be specific to your needs. If you wish to have someone deal with your property and financial affairs then you will use the first one however, if it is your health and welfare that you are concerned with then the second. In some cases, it will be both scenarios and therefore it is recommended that you make each.