The Legal Week.co.uk

OPINION: Chris Aitken on new Lasting Power of Attorney (LPA)

Posted by Vicky Anderson on October 16, 2007 9:29 AM | 

AS A result of the Mental Capacity Act 2005, a new arrangement called Lasting Power of Attorney replaced EPAs (Enduring Power of Attorney) at the beginning of this month.

Unfortunately, there is now greater expense at the outset because of the requirement to register the LPA with the Public Guardianship Office.


They are more thorough, but, because of the complexity, it is unlikely you could construct an LPA without a solicitor.

But people should still get their future arrangements in order and hoping for the best should not be an option.

People are living much longer these days, with more modern healthcare and better living conditions. People need to take this into account and structure their affairs to allow for care home bills and other expenses.

For most people, it’s difficult to imagine not being able to manage their own affairs, but the reality for many is that failing health may make it difficult to even handle a simple bank account.

It is far better to choose friends, relatives or professionals as attorneys while you still have the mental capacity to make decisions about your finances. He or she would then hold Lasting Power of Attorney on your behalf.

Relatives are the most popular choice, but some people choose a close friend.

However, it is a major job to give to someone.

CHRIS AITKEN is an investment director at Rensburg Sheppards.

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Comments (1)

Adrian wrote...

The new lasting power of attorney has now been in place for some months and although it is a much more comprehensive document, offering much better protection to the donor both the process for getting it and the cost seems to have decreased the number of people actually taking this document. Surely this cannot be a positive thing.

We use to include free enduring powers with all wills we wrote, but now have to make a charge. I try to keep my companies charge to a minimum as I know the importance of these documents as my own father suffer from Alzheimer’s, but even this means each documents is costing around £125, many solicitors are currently quoting £400 - £500 per document plus vat. This level of cost is going to decrease the number of lasting powers issued and have the exact opposite effect, meaning many people are left with the courts appointing attorneys for them rather than making this essential decision themselves in advance.

www.gb-legal.com

Posted by: Adrian  | February 6, 2008 8:58 AM

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