LPA – Property and Affairs
In October 2007 the then government introduced a new procedure for creating powers of attorney. The old Enduring Powers of Attorney (although still valid if created on or before 6th October 2007) were replaced with a Lasting Power of Attorney which is a document wherein you can appoint one or more Attorneys to make decisions on your behalf and they will be able to sign such documents as are required to carry out those decisions.
The Lasting Power of Attorney is only effective once it is registered with the Court of Protection but it is not necessary for the donor to lose mental capacity before the LPA is registered. Therefore the LPA may be registered in such circumstances where the donor requires the Attorney to have immediate control of their affairs, for instance if the donor is going abroad. You may give your Attorney power to deal with all of your property and affairs or restrict the power to a specific property for a particular purpose. If the donor becomes unable to deal with his or her own financial affairs, then the Attorney under the LPA will be able to continue dealing with the donor’s affairs without the need to apply to the Court of Protection for a Court appointed deputy. This therefore makes matters much simpler in what is often already a very difficult time .
LPA – Health and Welfare decisions
The Lasting Power of Attorney, Health and Welfare document was also introduced in October 2007. Many people are concerned about medical treatment they may receive in such circumstances when they are unable to make their own decisions. They are often comforted by having put in place a Health and Welfare LPA or a Living Will. An LPA needs to be registered with the Court of Protection before it can be used by the Attorney and registration can be made immediately or at any time in the future. The LPA also gives you the opportunity of making advance refusals with regards to certain types of medical treatments.