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.