In 2007 the enduring power of attorney was replaced by the lasting power of attorney. If you are looking to create a document to allow someone to manage your affairs you'll need an LPA. If you have an EPA, providing it was signed before 1st October 2007 it is still valid.
If you're concerned about issues relating to an enduring power of attorney, call IWC on 0800 612 6105.
As a result of the Mental Capacity Act 2005, the new Court of Protection rather than the Supreme Court now deals with EPA and LPAs. The enduring power of attorney UK was replaced by 2 types of LPA, financial or health and welfare. These have to be registered at the Office of the Public Guardian before they can be used.
The changes have incorporated more measures to safeguard vulnerable people and combat fraud as well as a more personalised approach which gives greater flexibility on how money is spent.
Do Enduring Powers of Attorney Need to be changed?
As long as yours was completed and signed before the 1st October 2007, it can still be used, once registered, to allow attorneys to handle financial affairs. Follow the link for more information about enduring power of attorney registration.
It is possible to cancel your existing EPA if it has not been registered and create an LPA if you wish. You may feel that the LPA system is a safer way of maintaining control over decisions.
EPAs cannot be used to look after someone's personal welfare, they are purely for financial and property decisions. If you already have one you can also make a Lasting Power of Attorney to appoint someone to make decisions in relation to your health and welfare. This includes decisions concerning:
While it is not compulsory to have a health and welfare power of attorney, you may wish to consider it. It allows you to maintain control over all aspects of your life in the event you lose the mental capacity to do so. If you have strong views on certain life aspects such as treatment you wish to receive and where you'll live, it is advisable to do so.
IWC offer a nationwide service for the creation of new LPA documents for your complete peace of mind. We'll visit you at home to explain the legalities and the procedure in full, offering guidance in relation to choosing your attorneys and adding in specific instructions or restrictions for decision makers.
Highly Qualified - Professionals at IWC are highly qualified to assist you, with either full STEP membership or Law degree certified.
Specialists - We are a specialist Will Writing and Probate company, fully conversant in current incapacity, inheritance, and tax laws.
Well Trusted - The preferred practitioners for the British Forces Pension Society.
Fully Insured - and Regulated by the Society of Will Writers & Estate Planning Practitioners.
If you'd like a quote call 0800 612 6105, we also offer free help and advice regarding lasting and enduring power of attorney.