Do I need to change my existing Enduring Power of Attorney into a New Lasting Power of Attorney?

Enduring Powers of Attorney (EPAs) were replaced by Lasting Powers of Attorney (LPAs) on 1 October 2007. Although new EPAs cannot be created, or existing ones amended, EPAs are still valid.

EPAs only cover decisions regarding your finances and property, they do not cover health and welfare decisions. If you wish for your attorneys to be able to make decisions regarding your health and welfare, you would be advised to make a new LPA for health and welfare decisions. This would then allow your attorneys to make decisions on your behalf regarding issues such as your daily routine, medical care and where you live. An LPA for health and care decisions can also allow your attorneys to refuse or consent to life sustaining treatment.

Not only does an LPA have more options, it also gives more protection to the person concerned. In order to create an LPA, you must have someone certify that you have mental capacity, that you are not being coerced into creating the document and that the attorneys are of your choosing. This certificate provider can be someone with the relevant professional skills.

In order for the LPA to be valid, it must be registered with the Office of the Public Guardian, even if the person still has mental capacity. The property and affairs LPA can then be used both before and after the donor loses capacity, however the health and welfare LPA can only be used once the person has lost capacity.

An EPA comes into effect as soon as it has been signed by the person making the document and their attorneys. Only once the donor has become or is becoming mentally incapable of managing their affairs does the EPA need to be registered with the Office of the Public Guardian.

Once a person has become or is becoming mentally incapable, the attorneys are unable to continue using the EPA (except for limited purposes) until it has been registered with the Office of the Public Guardian. Registration involves a notification process and takes around eight weeks.

Our Solicitors are committed to advising on LPAs to make them as simple as possible. We will advise you and prepare the paperwork for your approval before supervising the signing the process. We will also deal with registration of the LPAs at the Office of the Public Guardian.

If you would like more information please call one of our expert Solicitors on York 01904 716000, Wetherby 01937 583210 or Malton 01653 692247 or complete our online contact form.