Gardner Leader

There may come a time when, because you are incapable of managing your property, financial affairs or personal welfare, you will need someone to do this for you. Inheritance Protection Lawyer, Lucy Samara provides a useful update on Lasting Powers of Attorney, now that they have been available for over a year.

What is a Lasting Power of Attorney?  Lasting Powers of Attorney (LPA’s) came into effect on 1^st October 2007, replacing Enduring Powers of Attorney. It is a legal document that enables you to appoint up to four people, who you trust, to make decisions on your behalf.  It can be drawn up at any time, while you have mental capacity.

A Property and Affairs LPA enables your attorneys to make decisions about your property and finances, while a Personal Welfare LPA concerns your personal and medical welfare.

Who can I appoint as my attorneys?

You can appoint a friend, relative or professional. The most important factor in choosing your attorney is trust.

Can I place any restrictions limiting my attorneys’ authority?  Yes, you can. For example, not permitting them to make any decisions on any property that you own, or restricting the power so that your attorneys are not allowed to use the LPA unless you have lost mental capacity.

When will my attorneys be able to act for me?  Your LPA will have no legal standing until it is registered by you, or your attorney(s). This is a simple process and is there to safeguard you.  The registration process involves notifying up to 5 relatives or friends who you have named in the LPA, and then submitting the application to the Court of Protection.  A court fee of £150 is payable and the registration process is currently taking about 8 weeks.

Can the LPA be registered if I haven’t lost my mental capacity?  Yes, unless you have placed any restrictions. If you haven’t, I would advise that you to register your LPA instantly. This ensures that, if it is ever required, your attorneys can act on your behalf immediately.

If I have an Enduring Power of Attorney, is it still valid?  Yes, if it was signed before the 1^st October 2007.

How do I prepare an LPA?  You are able to prepare an LPA yourself, but you will need a professional such as a doctor or solicitor to provide a certificate of capacity, which confirms that you fully understand the effect of the LPA. However, to ensure that no problems arise, I would strongly advise you to seek expert advice from a solicitor. That solicitor will also be able to provide the certificate of capacity.