You’ve made the decision to sort out a Lasting Power of Attorney and have read up on what it is, how it works and what you need to do.
However, now you’ve come across the term Enduring Power of Attorney.
When people mention a Power of Attorney, they may be referring to either a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney. While both are legal tools that are available to individuals to ensure their wishes are protected if they lose mental capacity, the two are different.
Basically, this difference comes down to timing.
Ultimately, any individual looking to make a Power of Attorney today, will automatically apply and use an LPA.
A power of attorney that was made before 2007 was known as an EPA. Under this system, the person seeking the power of attorney, the donor, and your chosen attorney would sign a short form accepting that this had been agreed. Once both signatures were given, an EPA could be registered.
Although an EPA has since been replaced with an LPA, existing EPAs are still legally valid and can therefore still be used.
We support clients in North Lincolnshire & South Yorkshire with all their EPA & LPA needs, get in touch with us today to find out more.
One of the main difference between the two Powers of Attorney lies in their registration processes.
Before 2007, an EPA could have come into force anytime after the signature had been received, whether this be before a donor potentially lost mental capacity or after. If the already chosen attorney did not take this to court until mental capacity was lost, then it had to be ‘registered’ (submitted).
On the other hand, an LPA must be ‘registered’ with the Office of the Public Guardian before it can come into effect. Importantly, this is still the case even if the donor has mental capacity.
When the LPA is registered, as added protection, several designated people must be informed to avoid instances where the law may consider an attorney to have taken advantage of a vulnerable person.
The other main variation between the two Powers of Attorney refers to the rights they offer.
The LPA emerged following the enactment of the Mental Health Act 2005, which came into force on 1st October 2007. It sought to offer greater protection to individuals who lack mental health capacity or may in the future.
Where EPAs only cover Property and Finances, LPAs enable donors to make decisions on other aspects of their life including Health and Welfare.
The LPA is therefore far more comprehensive than the EPA. Although this creates longer form-filling, it also gives you more assurance that your personal and specific wishes are being looked after by someone close, who is protected by a legal tool that is legally sound and comprehensive.
Can we help?
If you’d like to know more about LPA’s and EPA’s one of our friendly team here at Tyto Law would be more than happy to talk you through your requirements.