Wednesday, 20 August 2008
Regulated by the Solicitors Regulation Authority

Lasting Powers of Attorney

Lasting Powers of Attorney (LPA’s) have replaced Enduring Powers of Attorney. If you have an existing Power of Attorney this remains valid but any new appointment must be by way of an LPA. An LPA can not be used until it has been registered with the Public Guardian’s Office.

Why have a Lasting Power of Attorney?
It allows you to choose who you would like to make decisions on your behalf if you were unable to make those decisions yourself or lacked the mental capacity to make those decisions.

What’s new?
There are two types of LPA. A Personal Welfare LPA allows you to choose one or more people to make decisions on your behalf regarding your personal healthcare and welfare. The decisions can only be taken by someone else when you lack the capacity to make them for yourself, for instance, giving consent to medical treatment or life sustaining treatment if you were unconscious or deciding if you should continue to live in your own home if you were mentally incapacitated.

If you would like someone to be able to make decisions about your finances you will need a Property and Affairs LPA. Your attorney will be able to manage your affairs immediately the LPA is registered and continue to manage them at such times when you may lack capacity. A Property and Affairs LPA may be especially useful if you are out of the country for long periods or if you find it difficult to get about.

If you wish to discuss LPA’s further, please contact Paulena Panayiotou