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Changes to the system of Enduring Power of Attorney from 1st October 2007
As
from the 1st October 2007 a Lasting Power of Attorney (LPA) replaced the existing
Enduring Power of Attorney. Enduring Powers of Attorney (EPA) made prior to 1st
October 2007 still remain effective as long as they are duly executed by all parties,
new LPA’s come within the provision of the Mental Capacity Act 2005. Lasting Powers
of Attorney can be made to deal with property and affairs and to deal with personal
welfare issues. Concern has been expressed in relation to the cost of setting up
a Lasting Power of Attorney compared with an EPA but the cost of an application
to the Court of Protection could far outweigh those costs should incapacity occur
and no prior provision has been made.
Everyone
therefore should consider putting in place a Lasting Power of Attorney particularly
when making a Will or prior to undergoing medical treatment. It is still possible
to make an Advance decision, often described as a Living Will, but it is important
to take medical advice in this area.
Further
information about EPAs, LPAs and the Mental Capacity Act 2005 is available on the
PGO website
www.guardianship.gov.uk
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