Lasting & Enduring Powers of Attorney

Everyone knows you should write a Will to make sure your loved ones are provided for when you die, but what happens if you are left mentally unable to make decisions because of accident or illness?

The Mental Capacity Act 2005 made provision for people to choose someone to manage not only their finances and property should they become incapable but also to make health and welfare decisions on their behalf. This is done by making a Lasting Power of Attorney (LPA). LPAs replaced Enduring Powers of Attorney (EPAs) in 2007, when the Mental Capacity Act came into force. EPAs made before this time are still valid, although they will need to be registered with the Office of the Public Guardian before they can be used following the loss of capacity.

If you lose capacity and do not have an LPA or EPA, it is very likely that your loved ones will need to make an application to the Court of Protection for someone to be appointed to make decisions on your behalf. This is a more costly and much longer process and means that you are not able to choose who it is that ends up making decisions on your behalf.

If you would like to know more about making LPAs, EPAs or the registration of either, then any of our team members would be happy to assist you.

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