What is a Lasting Powers of Attorney ? 

From 1st October 2007 under The Mental Capacity Act 2005 Lasting Powers of Attorney will replace Enduring Powers of Attorney. Existing Enduring Powers of Attorney, whether registered or not, will still be valid after October 2007, but it will not be possible to create a new Enduring Power of Attorney.

The main difference between an Enduring Power of Attorney and a Lasting Power of Attorney is that the Lasting Power of Attorney has two separate parts, one part to be used to make decisions concerning medical treatment and accommodation choices, and the other part to be used to make decisions concerning property and affairs. Clients may choose to make either or both parts of the Lasting Power of Attorney. The Enduring Power of Attorney is a single document which only deals with the Donor’s property and affairs.

The other major difference is that the Lasting Power of Attorney must be registered with the new Office of the Public Guardian before it can be used, unlike the Enduring Power of Attorney which only needs to be Registered with the Court of Protection if the Donor of the Power loses or is losing mental capacity.

Whilst an Enduring Powers of Attorney can only be used to make decisions concerning property and affairs it is possible to make a separate document, an Advance Directive, often known as a Living Will, concerning decisions about medical treatment in the event that the person is unable to make their own decisions.

The forms for Lasting Powers of Attorney have yet to be published, but it is likely that the document will be more complicated and it will need to be registered before it can be used, thus incurring further expense.

Contact Ken Saunders, Elizabeth Neame or Pat Powell on 01761 414646 today for further information and to discuss your particular needs.