The LPA replaced Enduring Powers of Attorney (EPA) in October 2007.
An EPA which is correctly executed before October 2007 continues to be valid to authorise for one or more persons to act on your behalf in relation to all or some of your property and financial affairs subject to any restrictions or conditions that you may impose. The power continues even if you lose mental capacity to handle your own property or financial affairs.
The LPA is different. You are able to appoint one or more persons to act on your behalf in relation to your personal welfare as well as your property and financial affairs.
There are two LPA separate documents for this. Personal welfare decisions may include where someone lives, who they see and ultimately the right to consent or refuse life sustaining treatment.
The person appointed is called an attorney. It must be someone who you trust entirely. Maybe a relative, a friend or a professional person, for example your solicitor.
An LPA must be registered in order to be used. Applications are made to the Court of Protection via the Office of the Public Guardian (OPG).
Flackwoods can advise you at every stage of making an LPA as well as using an old style EPA.
There are often disputes over the use of the LPA and EPA and Flackwoods is experienced in offering advice on what can be done in those circumstances.
Abuses of power must be reported to the OPG immediately. A person can revoke their LPA or EPA at any stage as long as they are mentally capable.
If you become incapable of dealing with your own affairs and an Enduring Power of Attorney or Lasting Power of Attorney has not been signed, a Deputy will have to be appointed to deal with your affairs on your behalf. This a more complex, costly and lengthy procedure but Flackwoods can give reassuring and practical advice at every stage.
For initial advice, assistance or for a general chat about planning, whether for you or someone you know, contact Ian Flack on 01403 738777.