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Private Client Law: Powers of Attorney Q&A (Part 1)

View profile for Valerie Robinson
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‘What is the difference between an Enduring Power of Attorney and a Lasting Power of Attorney?’

Q: What is an Enduring Power of Attorney (EPAs)?

A: EPAs can no longer be created however prior to 1st October 2007 an Enduring Power of Attorney (EPA) allowed you to appoint an individual/s to act on your behalf (as an attorney) and make decisions for you when you have mental capacity (with your permission) or continue to act on your behalf if you were to lose mental capacity in the future.

Q: Is my EPA still valid?

A: It is no longer possible to create an EPA but existing EPAs created before the 1st October 2007 can still be used and registered.

Q: What are Lasting Powers of Attorney (LPAs)?

A: Lasting Powers of Attorney (LPAs) also allow you to appoint individuals to act as your attorneys and since 2007 have replaced EPAs; these documents are more comprehensive and they have more safe-guarding procedures than an EPA. There are two types of LPA documents that can be created, one in relation to Property and Financial Affairs and one in relation to Health and Welfare.

Q: Who can make LPAs?

A: Anyone who is over 18 and capable of understanding the nature of the document/s can put in place LPAs. The person putting in place the LPAs is known as the Donor.

Q:  Do I need LPAs if I already have an EPA?

A: An EPA is limited to dealing with your financial affairs. You may wish therefore to supplement your EPA by creating a Health and Welfare LPA. Alternatively, you may wish to consider cancelling your EPA and creating both types of LPAs as they are more comprehensive allowing you to include; replacement attorneys, specific instructions and/or preferences as to how you wish your attorneys to act.