Lasting Power of Attorney

Those wishing, after 30th September 2007, to appoint others to look after their financial and property affairs should they lose mental capacity, will have to create Property and Affairs Lasting Power of Attorneys (LPAs).

An LPA may come into effect immediately or may be drafted so as only to come into effect at a later date, or upon the happening of a defined event – e.g. if the grantor becomes mentally incapable of dealing personally with his property and affairs.

In addition, it is now possible to create a Personal Welfare LPA ,which allows the grantor to appoint one or more persons to make decisions regarding his health and personal care (including, where desired, decisions about the provision of life- saving treatment).

Attorneys under a Personal Welfare LPA may act only where the grantor lacks capacity to do so himself.

An LPA must be registered before use with the Office of the Public Guardian. A “certificate provider” must certify that the grantor fully understands the LPA and is freely entering into it.

Enduring Powers of Attorney, created before 1st October 2007, will continue to be effective and need not be registered, unless required under the EPA rules.

Should you

• wish to grant an LPA
• require a certificate provider to complete an LPA already created by you or on your behalf
• need assistance in registering an existing LPA

Please contact:

Lee McClellan, Jo Hudson or Laura Chisholm at our Basildon office (01268 240 000), Tim Steele at our South Woodham Ferrers office (01245 322 111) or Helen Jago at our Thurrock office (01375 484 444).