Although existing Enduring Powers of Attorney (“EPA”) are still valid, it is now only possible (since 2007), to make a Lasting Power of Attorney (“LPA”).

LPAs can take two forms and substantially broaden the powers that a person can confer on their attorney. LPAs are also need to be registered with the Office of the Public Guardian before they are valid thus providing a level of security that did not exist with EPAs.

There are two different types of LPA and we can advise on all issues relating to LPAs and the circumstances when these should be entered into. You can enter into one or both at any time whist you have capacity. The two types are:

Property and Affairs

This covers your property and affairs and is the most direct replacement of the EPA. You are able to appoint one or more attorneys and also to nominate replacements in the event that they are unable to act for any reason.

Personal Welfare

This allows you to appoint one or more people to make decisions on your behalf regarding your personal health and welfare. This is a major departure from the original EPA legislation. Please be reassured that your attorneys can only make these decisions for you when you lack the capacity to make them for yourself.

We can answer any questions you may have regarding the preparation of these important documents.

For both types of LPA you are required to have a Certificate Provider to confirm understanding and capacity. We are able to act in this role for you. You are also required to nominate a named person to be notified when the application is made to register the LPA. This is intended to provide a further level of protection.

We encourage most clients to register their LPA as soon as it has been made as the registration process takes several weeks and it is preferable in most circumstances to complete this so that the LPA is ready to be used whenever it is needed. However some clients prefer us to retain their LPA signed but unregistered to register at a later date. We can discuss with you which approach may suit you best.

Registration of Enduring Powers of Attorney

Many clients may have made EPAs prior to October 2007 and they remain valid. However, should the Donor of the EPA lose capacity then the EPA must be registered with the Office of the Public Guardian.

We can assist in the preparation of the appropriate forms as you are required to give notice to a prescribed number of individuals from amongst of the Donor’s next of kin.