Lasting Power of Attorney - A Quick Guide

  1. A Lasting Power of Attorney (LPA) enables a nominated relative, friend or solicitor to take responsibility and manage your financial affairs on your behalf. To grant an LPA, a detailed form needs to be completed by the donor, the person giving the authority and a section will also need to be completed by the attorney or attorneys, the person or people exercising the authority.

  2. It is possible to set up a LPA now which will come into effect when you are no longer able to manage your financial affairs.

  3. An LPA can not used and has no legal standing until it is registered with the 0ffice of the Public Guardian. An application to register an LPA can be made at anytime after it has been prepared.

  4. A personal welfare LPA is available to assist with personal decisions of the donor. A property and affairs LPA allows the attorney or attorneys to decide how your money and property will be managed.

  5. Prior to 1 October 2007, a donor would provide authority by completing a Enduring Power of Attorney (EPA). An EPA which has been prepared before 1 October 2007 can still be used and will need to be registered with the Court of Protection.

  6. An LPA can be cancelled as long as the donor has mental capacity to do so.

The Office of the Public Guardian have additional details available on their website www.publicguardian.gov.uk

The Legal Practice have a specialist team dedicated to elderly client issues. If you would like further information on setting up an LPA, please contact Navjiven Mandair or Amy Powell