Understanding enduring power of attorney

From 1 October 2007, enduring power of attorney was replaced with lasting power of attorney (LPA). If you had an enduring power of attorney in force before this date, it is still valid. Also, enduring power of attorney can be registered or unregistered. If you have the mental capacity, you can register your enduring power of attorney, or you can apply for a lasting power of attorney to run alongside your enduring power of attorney. In all cases you can get more information from the Office of the Public Guardian.

A lasting power of attorney is similar to an enduring power of attorney in that the LPA is a legal document that gives another person the power of ‘attorney’ over some of your affairs. They can make decisions about your property or bank accounts for instance. You must draw up this document while you have the mental capacity to do so. It is vitally important that you use a qualified solicitor to ensure all the terms of the LPA are correct.

Any LPA that you have a solicitor draw up must be registered with the Office of the Public Guardian. There are two types of LPA your solicitor can create for you. The first is a Property Welfare LPA. The second type is a Personal Welfare LPA. The former deals with any property and money you have, with the later covering your healthcare.

The person that you have acting as your attorney should be carefully chosen. You should think about how trustworthy they are and if they have the skills to look after your affairs. Many people appoint more than one attorney to ensure that one person does not abuse the power they have.

And if you have the mental capacity to do so, you can also cancel an LPA at anytime. Your solicitor can help you with the formalities you must go through. LPAs are legally binding agreements, so it is important that you have proper legal advice before you register an LPA and you are sure that the terms of the LPA is correct and reflects your wishes.

If you would like to obtain legal advice about family law, Contact Law can put you in touch with a local specialist family law solicitor / attorney free of charge. So, if you have any questions or would like our help in finding local family law solicitors / attorneys please call us on 0800 1777 162 or complete the web-form above.