Manchesters Solicitors
Solicitors serving the local community of Sanderstead since 1979. VAT Regn no. 344960931. SRA number 58391 .
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A Lasting Power of Attorney (LPA) in England and Wales is a legal document appointing a trusted person as an attorney to make decisions on behalf of someone during their lifetime.
It can be made whilst you have capacity but must be registered with the Office of the Public Guardian to become effective. There are two types of LPA: a property and affairs LPA and a personal welfare LPA.
 
A Property and Affairs LPA lets you appoint someone (or several persons) to decide how to spend your money and how your property and affairs are to be managed. A Personal welfare LPA lets you appoint someone (or several persons) to decide issues regarding your healthcare and welfare, such as whether to refuse or consent to treatment and deciding where you are to live, but this power only becomes effective if registered as above.
Registering an LPA can be done by the person making the LPA or the attorney(s) by applying to the Public Guardian. We can do this for you. The LPA will not become effective until it is registered.
Before the application to register is made those persons who are entitled to receive notification of the application must be told by the person who wants to register the LPA. The Public Guardian will give notice that the application has been received both to you as the donor and to the attorney(s). Your relatives will not be notified of the application to register the LPA unless you have named them as  being persons who should be given notice. Anyone who has been notified can object to the LPA being registered.  Following registration an LPA continues to be effective, but ends of course on the
death of the donor. An LPA can be registered at any time after it is made, for example, the attorney can apply to register it after you as the donor have lost capacity.
The Enduring Power of Attorney (EPA) was replaced on 1 October 2007 by the LPA. An attorney given power under an EPA can still use it and apply to have it registered. We can assist with this. The attorney(s) has a duty to register an EPA as soon as they believe that the person who gave the power has become or is becoming mentally incapable of making financial decisions for themselves. The EPA only deals with one's financial affairs and is narrower than the LPA in its scope in that sense, but if you have an unregistered EPA and still have the capacity to make decisions for yourself, you can make a personal welfare LPA to run alongside it.
The Power of Attorney is a general instrument made by someone which may be general or specific and can be made by anyone of majority who has the capacity to manage their own financial affairs to appoint someone else to do things on their behalf such as the power to enter into a contract to purchase land and to sign the necessary papers to enable that to happen on their behalf. These are entirely revocable at any time and cease also on death. They differ from the EPA and property and affairs LPA in that they do not continue beyond loss of capacity by the donor. Remember that there may be different requirements for use in a foreign jurisdiction. Please check with one of our Solicitors first.
 
 
Cancelling Powers of Attorney is different depending upon the type of power as follows: For an LPA it can be cancelled by the donor if they have the mental capacity to do so, but if there is a dispute about whether your LPA has been cancelled, the Court of Protection has the authority to make a decision. A property and affairs LPA is revoked if you or your attorney becomes bankrupt but bankruptcy does not cancel a personal welfare LPA. An unregistered EPA can be cancelled by the donor if the donor has the mental capacity to do so, without applying to the Court of Protection. To cancel a registered EPA you must show the Court of Protection that you understand who the attorney is and what powers they have, that you understand the effect of the cancellation, and also that you understand why the EPA needs to be cancelled. An EPA is automatically revoked if you or the appointed attorney becomes bankrupt.
 



Thank you so much for all your endeavours and efficiency. Our family are very appreciative of all you have done over the past weeks, we're sure our Mother would join in our thanks too. Mrs J.


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