Important Decisions: Powers of Attorney

The Government has outlined its plans for Lasting Powers of Attorney (LPAs) which will take the place of the existing Enduring Power of Attorney (EPA) which grants power to someone appropriate when a person lacks the ability to make financial decisions for themselves or no longer wishes to take day-to-day responsibility for them.

The key difference of the LPA from the EPA is that the attorney can be allowed to make decisions concerning health and welfare, whereas the EPA only allows the attorney to deal with financial affairs. LPAs will also allow an ‘advance direction’ to be made, commonly referred to as a ‘living will’. This specifies the circumstances in which they do not wish life-sustaining medical treatment to be given.

There will be a strict code of conduct for attorneys and advance directions will have to be made in writing. The guidance sets out the procedures for making and changing an LPA and what needs to be done where a living will is incorporated into the arrangements. These arrangements should be kept under regular review.

The Mental Capacity Act 2005, which introduces the LPA, comes into effect on 2nd April 2007. Frettens provide a full range of specialised legal services to private and commercial clients, with a modern, common sense approach.