What is the difference between an Enduring Power of Attorney and a Lasting Power of Attorney?
What is the difference between an Enduring Power of Attorney and a Lasting Power of Attorney?
Lasting Power of Attorney (LPA) replaced Enduring Power of Attorney on 1st October 2007. An Enduring Power of Attorney signed prior to October 2007 is still valid (even if these have not been registered). The difference between and LPA and an EPA is that an LPA is far more flexible and you have the option of taking out either a Property and Financial Affairs LPA or a Health and Welfare LPA.
EPAs only cover property and financial matters. EPA attorneys have no power to make other kinds of decisions, such as those about health and welfare.
Unlike with the EPA, the LPA requires that the person making the LPA is certified to have the mental capacity to do so, and that they are doing so without being subjected to any pressure, manipulation or fraud. If the solicitor or other professional have questions/concerns about someone’s capacity to make an LPA they can commission us to complete a Mental Capacity Assessment. The certificate provider must complete a statement to that effect in the new LPA, stating that they have discussed the LPA with the attorney and are satisfied the attorney understands the scope and purpose of the LPA and that they are under no undue pressure to make it.
At Altass-Cheshire we can assess capacity and be the witness and signatory for an LPA.
Share this post: