I'm sure somebody will know all about these and if they'd be so kind as to share information that would be very generous.
A decade ago-ish when the new LPAs came in there was a rush to ensure that people had old powers of attorney as the new ones were rather restrictive. Is it still the case, or have the new ones been improved?
Thanks
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I think the AgeUK guide explains well the difference between the Ordinary PA, the validity of the old Enduring PA, and the new Lasting PA.
The only change I know of is the reduction in fees to register LPA's that took effect in April 2017.
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>> validity of the old Enduring PA
information on the new LPA is widely available, including on gov.uk .
However, below explains the validity of the old EPA if you already have one:
www.hcrlaw.com/blog/is-an-enduring-power-of-attorney-still-valid/
"It can often come as a surprise to clients that although a new Enduring Power of Attorney (EPA) can no longer be created, if a person made a validly executed EPA before October 2007 it can still continue to be used.
Lasting Powers of Attorney (LPAs) have now replaced EPAs and come in two types: one for property and financial affairs and one for personal health and welfare matters. Both EPAs and LPAs are documents which appoint a person, an attorney, to manage their affairs when they are no longer able to. A person who still has capacity can either consider putting a new property and financial affairs LPA in place or can keep their existing EPA.
Unlike an LPA an EPA can be used even when it is not registered, provided that the person giving the power (donor) still has the mental capacity to manage their own affairs. Once the donor is, or is becoming, mentally incapable of managing their finances then the attorney has a statutory duty to register the EPA with the Office of the Public Guardian. In practice an attorney will find, however, that banks and other institutions increasingly demand that an EPA be registered before they will accept it.
The process of registering an EPA requires the notifying of certain categories of relatives. Once the EPA is registered the donor is considered as no longer able to manage their own affairs. This means that the attorney is fully responsible for the donor’s property and financial affairs and is accountable to the Office of the Public Guardian."
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>> >>. Once the EPA is registered the donor is considered as no longer able to manage their
>> own affairs. This means that the attorney is fully responsible for the donor’s property and
>> financial affairs and is accountable to the Office of the Public Guardian."
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That's one important difference from the later LPA. You or your attorney register the LPA anyway, regardless of the person's capacity, and you continue to run your affairs exactly as before. The LPA is then ready, officially stamped, and can subsequently be activated if/when required.
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>> A decade ago-ish when the new LPAs came in there was a rush to ensure
>> that people had old powers of attorney as the new ones were rather restrictive. Is
>> it still the case, or have the new ones been improved?
No idea the difference between new and old, but I applied for a recent one (two years ago). They come in two flavours - financial affairs or health, welfare and financial. I took out the former, tho at the death so to speak, I found I had more or less full control as if I had the later.
No problem using the LPA in finical institutions (go to the branch and register your interest) pension providers and gov welfare/support. (tho they will require proof your identity and sight of an original copy of the LPA)
You can't actually stop them doing anything foolish tho. That requires a completely different process.
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Thank you all, very helpful, saved me a lot of googling which is much appreciated. I see that you can in fact apply for the LPA online and register it straight away (takes 8-10 weeks) for a £164 fee (covering both property and welfare). Makes sense.
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The form is very easy, the only slight pita is getting witnesses to sign.
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It's worth giving a lot of thought to the Preferences section, either specific instructions or merely advisory or general, because that's where the real essence of the thing is. If you don't have any specific wishes or dos/don'ts then it's quite limited in scope.
You can't just say "Do what I'd do" unless your affairs are very simple.
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>> It's worth giving a lot of thought to the Preferences section, either specific instructions or
>> merely advisory or general, because that's where the real essence of the thing is. If
>> you don't have any specific wishes or dos/don'ts then it's quite limited in scope.
>> You can't just say "Do what I'd do" unless your affairs are very simple.
In my mothers case it was left blank, and as far as scope goes, in practise presented me with no limitations.
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Power of attorney - BrianByPass
