Lasting Powers of Attorney - The New Form

Author: Claire Read

On 1 October 2009, the Office of the Public Guardian introduced the new Lasting Power of Attorney (LPA) forms. These are much shorter and simpler than the old style LPAs.

Originally, the LPA forms were introduced to replace the more commonly known Enduring Power of Attorney (EPA). LPAs enable a person (the donor) to plan ahead and protect their future in case they become unable to make decisions for themselves later in life. There are two types of LPA. The first is a Personal Welfare LPA which allows a person of your choosing (called the attorney) to make decisions about health and welfare issues such as life sustaining treatment or where you are to receive treatment. The second type is a Property and Financial Affairs LPA. This allows your attorney to deal with your finances, for example your bank accounts or house. Both are in a specified format and are legal documents which cannot be used by your attorneys until they are registered with the Office of the Public Guardian.

We feel that it is important for everyone to consider making a LPA if they have someone they trust to be able to deal with their affairs. By making a LPA you are in control and decide who is the best person to deal with matters. If you do not make a LPA and you cannot deal with your own affairs due to lack of mental capacity, then a special court decides who should deal with your affairs. The costs of such an application will be in the thousands and it normally takes between 6 to 12 months to complete. In contrast, the new forms can be completed immediately, are more user friendly and are significantly cheaper than an application to the court.

To find out more please contact Claire Read on 01245 453835 and discuss how you can ensure your future is hassle free.