Protect your wishes, safeguard your business. LPAs are a valuable tool for personal and financial security.
‘Next of kin’ is a medical term used primarily in health care settings to consider the views of family members should a decision need to be made about treatment. It does not create a legal authority to make decisions on that person’s behalf, and does not grant that person power to make all decisions that may need to be made as an LPA can do.
An LPA can be made by anyone over the age of 18 at any time, provided that you have mental capacity at the time that you make it. We encourage clients to consider making LPAs sooner rather than later as sadly capacity can be lost quite suddenly, for example, from a stroke or car accident.
An LPA can be cancelled as long as the person who set up the LPA still has capacity.
LPAs have replaced the old form of Enduring Powers of Attorney (EPAs). EPAs did not require registration until you had lost capacity, and so it would most likely be the case that if you previously put an EPA in place, you will need to register it in order for it to be effective. It is of course still possible to register your EPAs with the OPG, provided that you are still happy that is represents your current wishes.
In this case, it is not possible for them to make an LPA and you will need to follow a process with the Court of Protection to become appointed as deputy instead.
Clients tell us how we deliver peace of mind.