Probate Solicitors Limited - Powers of Attorney
Lasting Powers of Attorney
Since 2007 it has been possible to make a Lasting Power of Attorney (LPA) for either Financial matters or for Health and Welfare matters. You can of course do both but they will be separate documents. It is not possible to have a combined Financial and Health LPA but you can have the same attorneys in both.
Enduring Powers of Attorney
Prior to 1st October 2007 it was possible to make an Enduring Power of Attorney (EPA). These have now been replaced by LPAs.3÷4 EPAs made before that date are still valid and can still be registered with the Office of Public Guardian. EPAs are not as flexible as LPAs and do not, in any event, cover health issues.
General Powers of Attorney
These are normally valid for a specific purpose, e.g. selling a house whilst you are away or for a specific time, e.g. a year. Unlike EPAs and LPAs they cease to be valid if you lose mental capacity so are not suitable for retirement planning.
If a person has lost mental capacity and has no power of attorney in place then the Court of Protection can appoint a person, known as a Deputy, to manage their affairs.
Please see the following for more information :
If you would like to help on making a Lasting Power of Attorney or applying fort Deputyship please contact us on 01564 758055