Lasting Power of Attorney (LPA)

From 1st October 2007 the Mental Capacity Act 2005 replaces Enduring Power of Attorney with Lasting Power of Attorney.

Enduring Power of Attorney

Any EPA that is dated after 30th September 2007 has no validity and therefore an LPA should made in its place.
Made before incapacitation
Used only to look after property and financial affairs, therefore neglecting matters relating to health and welfare.
Very few EPAs were registered with the Office of the Public Guardian at the point of creation.
It is still possible for attorneys to register an EPA if they were made prior to 1st October 2007- however the EPA would still only cover property and finances, therefore neglecting matters relating to health and welfare.

Lasting Power of Attorney

Used to cover periods of mental or physical states of incapacity.
Can be made before an individual becomes incapacitated.
All LPAs must be registered with the Office of the Public Guardian and cannot be used without this, unlike an EPA.
In addition to property and finance, LPAs can also cover health and welfare.
More than one attorney can be nominated to cover each or all of your affairs.
Important to be up-to-date with law and updating an LPA from an EPA will allow your affairs to run more smoothly.

In 2023 there were 122 contested probate cases, up from 116 cases in 2022, according to the Ministry of Justice Family Court Statistics.

Philip Collins, Partner at Winckworth Sherwood, said that it “isn’t at all surprising” that there has been a rise in contested probate claims. He said: “We know that significant amounts of wealth, often tied up in property, is currently being passed down to younger generations. Inherited wealth is becoming increasingly important and can often […]