An LPA is a legal document which allows someone to make decisions on your behalf, should there come a time when you lack mental capacity to do so yourself.
An LPA gives a trusted person the authority to look after specific aspects of your health and welfare or your property and financial affairs. You can choose which LPA is appropriate to your needs or you may require both.
An LPA can also be used if you would like extra support in dealing with your property and financial affairs even when you have the mental capacity to deal with your property and financial affairs yourself.
If you were to not have an LPA in place and became mentally incapacitated, it would then be a lengthy and expensive process for your family as they would have to apply to the Court of Protection to take control of your finances.
We can help prepare these documents and will ensure that all information is correct to register them at the Office of the Public Guardian. This will then enable your attorneys to take over your financial or welfare matters without any problems when the time should come to do so.
You can no longer make a new EPA, but if you have an existing EPA which was made before 1st October 2007 and was correctly filled in, it is still valid and can be registered and used.
Therefore, if you have a valid EPA you do not necessarily need to make an LPA. However, EPAs only cover decisions about finances and property (like the property and financial affairs LPA) and does not cover health and welfare matters. Because of this, some people who have a valid EPA might make a health and welfare LPA as well.
If you are an Attorney under an EPA and the person who has appointed you to act has lost mental capacity, you must apply to register the EPA at the Office of the Public Guardian. We can provide advice in relation to this application and can prepare the application on your behalf.
For probate matters, please Contact Us in order to discuss how we can help you.