Lasting Powers of Attorney (LPA) have replaced Enduring Powers of Attorney (EPA). EPA’s made before 1st October 2007 however still remain valid.

A Lasting Power of Attorney enables you to appoint someone (your Attorney) to make decisions on your behalf. Lasting Powers of Attorney come in two forms:-

  • A Property and Affairs LPA – this enables your Attorney to make decisions about your property and financial affairs (such as using their bank account)
  • A Personal Welfare LPA – this enables your Attorney to make decisions about your personal welfare (such as giving or refusing consent to medical treatment)

Why should I make a LPA?

You do not know what the future holds. If you become incapable to manage your own affairs, your spouse or next of kin will have no authority to assist you. Instead they will have to apply to the Court of Protection for appointment as your Deputy – a lengthy and costly exercise!

A LPA simplifies matters, enabling your Attorney to step in as and when necessary. It is also relatively inexpensive compared to applying to the Court of Protection.

Choosing your Attorney

They must be over 18 and you must have complete trust in them. If you choose more than one attorney, you must decide whether your attorneys act together or together and independently (i.e. they can act on their own).

Is the LPA valid immediately it is signed?

No – a LPA has no legal status until it is registered with the Office of the Public Guardian (OPG).  A registered LPA can be used at any time whether you have the mental capacity to act for yourself or not.

What is the notification procedure?

This plays an important safeguard. Within your LPA you can name five people to be notified when an application to register your LPA is made. Accordingly, if you lack capacity at the time of registration you will be relying on these people to raise concerns they may have about the application.

Further Information

If you would like further infromation on Lasting Powers of Attorney then contact:

The Office
Golden Lion Yard
North Yorkshire

01969 625 526

or alternatively use our contact form

Bank Chambers
Main Street
North Yorkshire

01969 667 171

or alternatively use our contact form