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How does an LPA differ from an Enduring Power of Attorney?

How does an LPA differ from an Enduring Power of Attorney?

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LPA vs Enduring Power of Attorney

Introduction to Power of Attorney in the UK

The concept of Power of Attorney (PoA) is a legal mechanism allowing an individual to appoint someone to make decisions on their behalf. This can relate to health, welfare, and financial matters.

In the UK, two main types of PoA exist: the Lasting Power of Attorney (LPA) and the Enduring Power of Attorney (EPA). Understanding the differences between them is crucial for making informed decisions regarding your future.

What is an Enduring Power of Attorney?

An Enduring Power of Attorney focuses primarily on decisions related to finances and property. It does not cover health and welfare matters.

EPAs have not been issued since October 1, 2007, but remain valid if created before this date. They come into effect even after the individual loses mental capacity, which must be confirmed by registering the EPA with the Office of the Public Guardian.

Introduction to a Lasting Power of Attorney

Lasting Power of Attorney was introduced as part of the Mental Capacity Act 2005. It offers a more comprehensive framework compared to the EPA.

LPAs are divided into two categories: Health and Welfare, and Property and Financial Affairs. This allows the donor to specify areas where the attorney can make decisions.

Main Differences Between LPA and EPA

The most significant difference is the scope. LPAs cover both financial matters and personal welfare, while EPAs deal only with financial decisions.

Unlike EPAs, an LPA must always be registered before it can be used. This applies regardless of the mental capacity of the individual.

Registration Requirements and Processes

With an EPA, registration is only necessary when the donor becomes or is becoming mentally incapable. Only then is the document sent to the Office of the Public Guardian for this purpose.

Conversely, an LPA requires registration with the Office of the Public Guardian from the outset, before any powers can be exercised by the attorney.

Relevance to Current and Future Use

EPAs are no longer available for creation, which means anyone looking to set up a PoA today must consider an LPA. LPAs provide greater flexibility and take into account modern needs around personal welfare.

Understanding these differences allows individuals to make informed and quick decisions in setting up their legal arrangements. This ensures peace of mind regarding the management of personal and financial matters.

Frequently Asked Questions

What is an LPA?

An LPA (Lasting Power of Attorney) is a legal document that lets an individual appoint one or more people to help them make decisions or to make decisions on their behalf, if they lose mental capacity.

What is an Enduring Power of Attorney?

An Enduring Power of Attorney (EPA) is a previously used legal document that allowed someone to grant authority to another person to manage their property and financial affairs. EPAs have been replaced by LPAs since October 1, 2007.

Can new Enduring Powers of Attorney still be created?

No, new Enduring Powers of Attorney cannot be created as they were replaced by Lasting Powers of Attorney in October 2007.

Are existing EPAs still valid?

Yes, existing Enduring Powers of Attorney are still valid if they were created before the cut-off date in 2007.

What are the two types of LPAs?

There are two types of LPAs: Health and Welfare LPA, and Property and Financial Affairs LPA.

What decisions can a Health and Welfare LPA cover?

A Health and Welfare LPA covers decisions about health and personal welfare, including medical treatment and care arrangements.

What decisions can a Property and Financial Affairs LPA cover?

A Property and Financial Affairs LPA covers decisions related to money management, paying bills, and dealing with property and financial affairs.

How do LPAs differ from EPAs in terms of scope?

EPAs could only cover property and financial affairs, while LPAs can cover both property and financial affairs, along with health and welfare decisions if both types of LPAs are set up.

Who oversees LPAs in the UK?

The Office of the Public Guardian oversees LPAs in the UK, ensuring they are used correctly and providing support where needed.

Do LPAs require registration?

Yes, LPAs must be registered with the Office of the Public Guardian before they can be used.

Do EPAs require registration?

Existing EPAs must be registered when the person who made the EPA starts to lose or has already lost mental capacity.

Can LPAs be used immediately upon registration?

A Property and Financial Affairs LPA can be used immediately upon registration unless specified otherwise, but a Health and Welfare LPA can only be used when the individual lacks mental capacity.

How are changes to LPAs or EPAs made if needed?

To make changes to an LPA, a new LPA must be created. EPAs cannot be changed, but they can be revoked if a new LPA is established.

Who can make an LPA?

Anyone aged 18 or older with mental capacity can make an LPA, appointing one or more attorneys to act on their behalf.

Are there safeguards with LPAs that didn’t exist with EPAs?

Yes, LPAs include more safeguards, such as a certificate provider who confirms the individual's understanding and protection against fraud or pressure.

Can LPAs include instructions or preferences?

Yes, LPAs allow the person making the LPA to include specific instructions or general preferences for their attorneys to follow.

What happens to an LPA if the principal dies?

An LPA becomes invalid upon the death of the principal. The executor of their will takes over the authority concerning their estates and affairs.

Can an LPA be revoked?

Yes, an LPA can be revoked by the individual at any time as long as they have the mental capacity to do so.

Do LPAs have more requirements than EPAs?

Yes, LPAs have more formalities and requirements than EPAs, such as needing a certificate provider and explicit consent from the appointed attorneys.

Can different attorneys be appointed for different decisions in an LPA?

Yes, with an LPA, you can appoint different attorneys for different types of decisions, such as one for financial matters and another for health decisions.

Useful Links

Useful Links : How does an LPA differ from an Enduring Power of Attorney?
Understanding Lasting Powers of Attorney

Alzheimer's Society guide on lasting powers of attorney.
What is a Lasting Power of Attorney?

Age UK explains the purpose and scope of lasting powers of attorney.
NHS Choices: Power of Attorney

NHS guide on how to make decisions for someone else using a lasting power of attorney.
Enduring Power of Attorney

Alzheimer's Society information on enduring power of attorney.
Differences between LPA and EPA

Age UK's factsheet on the key differences between LPAs and EPAs.
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This website offers general information and is not a substitute for professional advice. Always seek guidance from qualified professionals. If you have any medical concerns or need urgent help, contact a healthcare professional or emergency services immediately.

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