Communicating with Gardner Leader

  • Newbury Office
    White Hart House, Market Place, Newbury, Berkshire, RG14 5BA

  • Thatcham Office
    Winbolt House, The Broadway, Thatcham, Berkshire, RG19 4HX

    Telephone:
    01635 50 80 80
    Fax:
    01635 52 13 41

  • Email us now

Powers of attorney

What are Lasting Powers of Attorney?

With effect from 1 October 2007, Lasting Powers of Attorney (LPAs) effectively replaced Enduring Powers of Attorney (EPAs). EPAs can now no longer be prepared.

 

What is an LPA? 

There are two types of LPA.

 

A “Property and Affairs” LPA enables your attorneys to deal with your financial affairs and is a direct replacement for EPAs.

 

A “Personal Welfare” LPA enables your attorneys to make decisions about your personal welfare if you are unable to communicate such decisions yourself. This is effectively a replacement for “living wills”.

 

I've heard LPAs are very complicated!

LPAs have about 25 pages to complete which is substantially more than the 4 pages of an EPA. Much of the information required is relatively straightforward – your personal details, the details of the intended attorneys, whether you wish to place any restrictions on the attorneys’ powers etc.

 

However, it will be necessary for an independent person to provide a certificate that you have the necessary mental capacity to prepare an LPA. This certificate can be provided either by someone who has known you for at least 2 years or by someone who has relevant professional skills and expertise such as your GP, a social worker or a solicitor.

 

When can my attorneys act?

Before they can act they must register the power with the Office of the Public Guardian. The registration process involves your attorneys notifying you and up to 5 relatives/friends that you have named in the LPA then applying for registration. The process takes 5-6 weeks and there is small court fee payable.

 

Do my attorneys have to wait until I lose capacity before they act?

No – your attorneys will be able to register the LPA and act on your behalf at any time unless you include a restriction in the LPA that it can only come into effect on your loss of capacity or in other specific circumstances.

 

What decisions can my attorneys make under a Personal Welfare LPA?

Any decisions relating to your personal welfare and how you are cared for medically. This can include accessing your medical records and giving or refusing consent to medical treatment according to your best interests. You will be able to specify the extent of the power available to your attorneys.

 

If I already have an EPA is it still valid?

Yes – EPAs that were signed before 1 October 2007 will remain valid.

 

Are there any alternatives to an LPA?

Yes – you could prepare a “general power of attorney” but that would cease to have effect if you should lose your mental capacity.

 

If you do not have an LPA (or EPA) and lose capacity then someone (normally a family member or close friend) will need to apply to the Office of the Public Guardian to act as your “Deputy”. This replaces the former “receivership” process and the Office of the Public Guardian will be involved with all decisions that the Deputy wishes to make on your behalf.

 

How do I prepare an LPA?

Call us now on 01635 508080 and make an appointment to discuss your requirements.

 

To download our booklet on Lasting Powers of Attorney click here.

 

For more information please email us.

[Back]