Lasting Powers of Attorney

From 1 October 2007, Enduring Powers of Attorney (EPAs) are due to be replaced by Lasting Powers of Attorney (LPAs). As with an EPA, an LPA will allow you to entrust decision- making powers to your attorney even after you lose mental capacity. However, an LPA will differ from an EPA in the following ways:

• Your attorney may be given powers relating to your personal welfare, not just your property and financial affairs. This means that your attorney could have the power to refuse life-sustaining medical treatment on your behalf, if they feel that this is in your ‘best interest’
• Powers granted under an LPA cannot be exercised until the LPA has been registered at Court. Unlike an EPA, which is only registered when you lose mental capacity, an LPA can be registered at any time and must be registered before it can be used
• You can provide a list of people who must be informed when your attorney applies to register the LPA
• You must obtain a certificate, signed by an ‘appropriate independent person’ (this includes, for example, teachers, librarians and shop keepers), in order to create a valid LPA. The certificate will state that you are mentally competent, that you understand the purpose of the LPA and that no fraud or undue influence has been involved.

Fortunately existing EPAs will still be valid once LPAs are introduced.

Since it will be far more complicated and expensive to create LPAs, we recommend all clients consider making an EPA before 1 October 2007.

For further information, please contact:

Victoria Turner
Tel +44 (0)20 7440 7430
victoria.turner@mishcon.com