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Lasting Power Of Attorney - LPAs

From 1st October 2007 it will no longer be possible to create an Enduring Power of Attorney (EPA). Only those who have already signed EPAs will be able to keep and use them.

The Mental Capacity Act 2005 will come into force and replace EPAs with Lasting Powers of Attorney (LPAs). LPAs have positive and negative sides. On the positive side it will be possible to appoint attorneys to act not only in relation to finance and proerty, but also health, welfare and end of life decisions. On the negative side an LPA will be a more complex document than an EPA and will cost significantly more than an EPA to make. They are expected to be 25 pages long and must be registered with the Public Guardian before use. A further difference is that the less complex EPA can be used in many situations without the involvement of the Court of Protection or the payment of additional fees.

Unfortunately the finer details and regulations regarding LPAs have yet to be agreed; howvere, it is hoped that their issue will not be further delayed. Once they have been issued we will be able to provide advice and information on a more informed basis.

For the latest information visit www.birdandco.co.uk

News item posted on 23rd February 2007