Lasting Power of Attorney

The Lasting Powers of Attorney ("LPA") came into being on 1 October 2007.

Existing Enduring Powers of Attorney ("EPA") at that date - whether registered or not - will still be valid.

A Lasting Power of Attorney has two separate parts:
                  -  Property and Affairs LPA
                  -  Personal Welfare LPA

The Property and Affairs LPA will replace the EPA and will have much the same effect as the EPA.

The Personal Welfare LPA will, for the first time, allow you to appoint someone to make welfare and medical decisions (including life sustaining decisions) on your behalf if you do not have capacity to do so yourself.

You do not have to have both types of LPA. Also, if you already have an EPA you can replace it with an LPA and/or add a Personal Welfare LPA.

The LPA is more complex than the EPA (involving at least one person to certify that you are aware of what you are doing when you write an LPA). So, inevitably, the LPA will be more expensive to prepare than the old EPA.

In addition to a Personal Welfare LPA you can make an Advanced Decision. This document gives instructions to doctors treating you in the future about not wishing to be kept alive in certain circumstances, if you are not able to give these instructions yourself.
 

In Scotland, the equivalent documents are:

• a Continuing Power of Attorney - this deals with financial and property matters only, and

• a Welfare Power of Attorney - this can only take effect when a person is incapable of making decisions to deal with their own personal welfare, such as care arrangements, medical treatment, clothes, diet, holidays etc.