Q: Can I appoint replacement attorneys?
You can if you wish appoint a replacement to act if the attorney/s (or one of them) dies or becomes incapable of acting.
Q: When can my attorney/s start acting under my Lasting Powers of Attorney (LPA)?
Before your attorneys can act your LPAs must be registered at Court. The registration process can take a few months as such we advise that the LPAs are registered immediately after completion by all parties so that your attorneys can act straightaway should an urgent circumstance arise.
Q: Is there any official guidance for my attorney/s?
LPAs are governed by the Mental Capacity Act 2005 (MCA) and the Code of Practice. Your attorneys must follow the principles set out in the MCA.
Q: What is the difference between an Enduring Power of Attorney (EPA) / LPA’s and a Will?
An EPA or LPA can only be used during your lifetime and ceases on death. Your Will becomes effective on your death.An EPA or LPA can only be used during your lifetime and ceases on death. Your Will becomes effective on your death.
Q: What happens if I do not have an EPA or LPA’s in place?
If you do not have an EPA and/or LPA in place and you lose mental capacity, an application to the Court of Protection will need to be made for the Court to oversee your affairs. The costs to make an application to the Court of Protection are substantial and often takes many months to complete. The Court also charges and ongoing annual fee. It is only in rare circumstances that the Court will appoint individuals to make decisions regarding your health and welfare.