Lasting Powers of Attorney
A Lasting Power of Attorney (LPA) is a legal document that allows those nominated as Attorneys to make decisions on the person's (Donor’s) behalf. LPAs came into force in October 2007, replacing Enduring Powers of Attorney. If you have made an Enduring Power of Attorney before October 2007, it is still valid but only in relation to property and financial affairs.
The LPA must be registered by the Office of the Public Guardian whilst the Donor still has mental capacity, to take effect. There are two types of LPA:
- Property and Financial Affairs.
- Health and Welfare.
You can apply for one LPA or both. It is advisable that the LPA is registered at the same time as signing the document(s), so that it is in place should the Donor lose mental capacity.
Each type of LPA can be tailored to meet your specific needs and requirements. Where there is no LPA or EPA, or where an Attorney is no longer able to fulfil this role, or where his/her appointment is disputed, it may be necessary to involve the service of a Deputy appointed by the Court of Protection to ensure the individual receives the help and assistance that they need.
Our specialist team can advise Attorneys on the scope of their duties and powers, as well as on applications to the Court of Protection for matters that do not fall within these powers, such as the making of gifts and Wills.