Lasting Powers of Attorney

An individual can execute a power of attorney in order for someone else to act on their behalf, including signing documents such as conveyances, contracts or cheques. It is common to use such a power if you are going to be out of the country or incapable for some physical reason of signing yourself. The standard power of attorney only has force as long as the individual has the mental capacity to do the act themselves. To get round this problem, use can be made of a Lasting Power of Attorney (LPA) which comes into force after the person loses capacity provided it is registered with the Court of Protection.

There are two forms of LPA namely one dealing with property and affairs and the other dealing with personal welfare. The first type is broadly familiar from the previous Enduring Power of Attorney which existed before 1st October 2007. Any existing EPA’s continue in force so there is no need to make an LPA unless the additional powers contained in the new legislation are required. The personal welfare LPA is new and deals with the matters commonly considered in "living wills" and can include considerations such as the provision or withdrawal of lifesaving treatment. The issues which might have to be canvassed in such a power are profound and it goes without saying that the most detailed and careful consideration must be given to the drafting of such a document.

odonnells have long experience and expertise in the medical and legal issues arising out of mental incapacity.

More Information

Title	Date
Thinking Ahead	21/02/2010
Lasting Power of Attorney - Welfare	10/12/2008
Lasting Powers of Attorney - Finance	10/12/2008
Alzheimer's Society
Age Concern Lancashire

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