Lasting Powers of Attorney (LPA) came into operation on 1st October 2007, superceding Enduring Powers of Attorney (EPA) although EPAs signed prior to that date remain legally valid.
There are a number of significant differences between EPAs and LPAs as follows:
- There are two types of LPA, one for property and financial affairs and one for personal health and welfare. It is possible to sign either or both of these depending on what sort of authority you wish to give others in respect of your concerns.
- An EPA came into operation as soon as it was signed (unless a
condition were inserted in the document to say otherwise). It had
to be registered with the Court of Protection only if the person
who granted the Power subsequently lost their mental
capacity.
An LPA has to be registered with the Court before it can be used at all, whether or not the person who has granted the Power is mentally capable. - An EPA was a relatively simple document just four pages long whereas an LPA is twenty four pages long, contains many traps for the unwary in terms of its completion and requires a Certificate to be provided by a responsible person to confirm that the person granting the Power is both able and willing to do so.
After two years of teething problems with these forms, the good news is that the Office of the Public Guardian has now listened to representations from Solicitors for the Elderly, the Society of Trust & Estate Practitioners and the Probate Section of The Law Society (of all of which Goodman Derrick partners are members) and more user-friendly forms are to be issued in time for the second birthday of the LPA.
We recommend that our clients consider entering into LPAs and will be happy to discuss them with any particular client. In suitable circumstances, some clients may at the moment be inclined to wait a couple of months for the introduction of the new, improved version.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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