Services for Individuals
Enduring Powers of Attorney and Lasting Powers of Attorney
As people live longer, more and more are likely to suffer from illnesses and conditions that affect their mental capacity.
Enduring Powers of Attorney (EPAs) existed for several years, although no new EPAs can now be created, and allow individuals to choose who they would like to look after their financial affairs should they loose the mental capacity to deal with their own affairs.
Subject to any restrictions within the EPA, the attorney is allowed to act for the donor whilst mental capacity still exists, which can be helpful if, for example, the donor is hospitalised for some time.
If and when the donor loses mental capacity, the attorney has a duty to register the EPA with the Court of Protection. Specified relatives and the donor have to be notified before this can be done, providing all parties with an opportunity to object if they do not believe the document should be registered.
The EPA system came to an end in October 2007 following the Mental Capacity Act of 2005 and the introduction of Lasting Powers of Attorney (LPA). Existing EPAs are still valid and will remain so, but for people now wishing to make long-term welfare and financial arrangements, an LPA is required.
The donor can choose to create a Property and Affairs LPA or a Welfare LPA or both.
Although an LPA is a lengthy document and thus potentially more complex, flexibility is allowed. For instance, it is possible to include clauses which exclude nominated properties or deal with certain medical conditions in a particular way.
One key point to note, however, is that the LPA must be registered with the Office of the Public Guardian before the attorneys can act, regardless of whether the donor has lost the mental capacity to deal with their own affairs.
Having an LPA prepared is an important decision and we recommend that it should only be done after taking proper legal advice. Your attorney(s) must be known to you and completely trusted by you. After all, he or she will potentially have authority to deal with your finances or make healthcare decisions for you.
At Taylor Walton, we have experienced solicitors and other staff who can advise you on the issues raised by LPAs and existing EPAs. Catherine Nixon who is a solicitor working at the firm's St Albans office is a member of Solicitors for the Elderly, a national organisation which is committed to providing and promoting comprehensive and independent advice for older people, as well as their family and those who care for them.
It you would like to have an LPA drawn up, please contact Catherine Nixon on 01727 845 245 or Patrick Green and Richard Crocker on 01582 731 161.
