The Law on Powers of Attorney changed with effect from 2007. Enduring Powers of Attorney (EPAs) were replaced by Lasting Powers of Attorney (LPAs). Any new matter must now be conducted under the LPA procedure, although those EPAs effected prior to April 2007 will be protected from the new legislation and will still be valid documents.

• If you are likely to require someone to act for you in financial or healthcare matters, you will need to appoint someone formally to undertake that task for you, otherwise you will not have appointed anyone formally to manage your affairs when you are unable to do so.
   
• If you want to appoint someone to manage your finances, banks and financial institutions will require the LPA to register the Attorney's details and to authorise the Attorney to act on behalf of the Donor (the giver of the power).
   
• If you do not obtain an LPA, it could be very costly for your next of kin to act for you in the event that you lose mental capacity in the future. Without an existing LPA, the Attorney would have to apply to the Court of Protection to become your 'Deputy' and such application can cost hundreds (or thousands) of pounds in costs. Having an LPA saves considerable time and cost to the process.

• Decide who you want to appoint to act for you; it can be 1 or up to 4 persons; if more than one, decide if you want them to have the power to act only jointly together, or alternatively to act both jointly and independently of each other. You can appoint substitute attorneys if someone is unable to act in the future.
   
• Decide if you want your attorneys to have the power to act on your behalf now, or at a future point (for example, when you lose capacity).
   
• If you want the Attorney to act now, the LPA will need to be registered at the Court of Protection.
   
• Decide if you want a financial LPA or a welfare LPA or both.
   

Contact us to arrange an appointment so we can take the details and complete the application forms and advise you on what is required and the cost involved. Usually the cost is a fixed fee together with a Court of Protection Fee for registration. You will need a professional person such as a Solicitor to witness the LPA documents in any case.

To discuss costs and to arrange an appointment to discuss any aspect of elderly care or powers of attorney with either of our specialist lawyers Robert Cartmell or Lucy Pankhurst please contact our Private Client Department secretary Jan Lawrence.