Lasting Powers of Attorney (LPA)

Since 1st October 2007, it has not been possible to grant an Enduring Power of Attorney however existing enduring powers remain effective, whether or not they have yet been registered.

The change stems from the recent Mental Health Act and if you are at all concerned that you or one of your relatives may not be able to manage their own affairs, we advise that you contact us to familiarise yourself with the new rules.

An LPA is similar to an Enduring Power of Attorney in that it continues to be a legal document even if at some point in the future, you lose the mental capacity to make decisions for yourself, perhaps due to illness or injury.

There are 2 different types of LPA available to individuals wishing to make provision for the future:-

Property & Affairs LPA- this allows you to choose someone you trust to make decisions about how to spend your money and the way your property and affairs are managed. Once registered, and unless you have put a restriction on it, this type of LPA can be used by your attorney immediately.

Personal Welfare LPA- this allows you to choose a person to make decisions on your behalf relating to your personal healthcare and welfare including decisions to give or refuse consent to treatment on your behalf and deciding where you live. These decisions can only be taken on your behalf when the LPA has been registered and you lack the capacity to make the necessary decision for yourself. This is similar to a current Living Will.

When an LPA is signed, a certificate must be completed by a Lawyer, Doctor, Social Worker or an Independent Mental Capacity Advocate to confirm that the person making the document understands the meaning of the LPA and the consequences of it.

Merry & Co will be providing this certificate FREE OF CHARGE to clients who draw up their LPA with us.

Please note that an LPA can only be used once it has been registered with the Office of the Public Guardian at a cost of £130.00 each.

Please contact Ian Merry on 01983 811722 or email him today at ian_merry@merryandco.co.uk to take instructions to draw up an LPA.