Powers of Attorney

The Mental Capacity Act 2005 has changed the law so that from the 1^st October 2007, Enduring Powers of Attorney (EPAs) have been replaced by Lasting Powers of Attorney (LPAs). EPAs made before the 1^st October 2007 will remain valid but no new EPAs can be now be made.

What is an LPA?

There are two types of LPA, a Property and Financial Affairs LPA and a Health and Welfare LPA:

• A Property and Financial Affairs LPA will authorise another person or persons (your Attorney/s) to assist you with your financial affairs.

• A Health and Welfare LPA will authorise another person or persons (your Attorney/s) to make decisions in relation to your personal welfare.

Property and Financial Affairs LPA

• Your chosen Attorney/s will be able to assist you in managing your financial affairs including paying bills, collecting income and benefits, buying, selling, leasing ‘or otherwise dealing with your property, and opening, closing and operating bank/building society accounts’.

Health and Welfare LPA

• A Health and Welfare LPA only comes into effect if you lack the mental capacity to make a certain decision concerning your personal welfare.

• Your chosen Attorney/s would be able to make any decision that you can make about your personal welfare, subject to any restrictions you have placed on them, such as where you live and with whom, deciding what you wear, what you eat and how you spend your day, giving and refusing consent to medical treatment according to your best interests.