Lasting Powers of Attorney

Whilst it is no longer possible to make an Enduring Power of Attorney (EPA), all EPAs made before the end of September 2007 remain valid.

It is still possible to make a General Power of Attorney but that is of limited duration and ceases to have effect if the donor loses their mental capacity.

The successor to an EPA is a property and affairs lasting power of attorney (LPA) and it is now also possible (by way of a separate document) to make a personal welfare LPA.

A property and affairs LPA can be used to appoint one or more attorneys to make a range of decisions including the buying and selling of property, operating a bank account, dealing with tax affairs and claiming benefits.

A personal welfare LPA might authorise the attorneys to make decisions about where the donor should live, consenting to or refusing medical treatment on the donor’s behalf and day to day care.

LPAs can only be used by the attorneys if first registered with the Office of The Public Guardian. A property and affairs LPA can be used while the donor still has mental capacity, unless it specifies it cannot, while a personal welfare LPA can only be used if the donor lacks mental capacity to make that particular decision at that particular time.

Sadly none of us know if and when we will lose our mental capacity and with modern lifestyles mental capacity does strike unexpectedly not only with the onset of old age. For those who wish to ensure that decisions about their welfare and property and affairs are made by those they trust the making of a personal welfare LPA and/or a property and affairs LPA is a very sensible step to take and the Private Client team of Coffin Mew LLP will be pleased to provide advice and further information.

For further details on Lasting Powers of Attorney download:

For more details contact one of our team on wills@coffinmew.co.uk.