In force from 24 September 2007

From 1 October 2007, two types of Lasting Power of Attorney (LPA) will replace the older Enduring Power of Attorney as the power that can operate after a person ceases to have mental capacity. News : Lasting Powers of Attorney (LPA) forms are to be overhauled to make them simpler to complete and cheaper to register, so it was reported on 11 March 2009

The proposed overhaul follows a public consultation on key aspects of the Mental Capacity Act 2005. Forms will now incorporate previously separate guidance and make more use of plain language. From 1 April 2009 the registration fee will be £120 – down from the present £150. However Just Lawyers accepts and understands the reasons for the Forms being detailed and hopes that the Law Makers will have made the forms more accessible as open PDF Forms and laid out more logically.

Whatever it's format the LPA has increased the range of different decisions that people can authorise others to make on their behalf. In addition to property and financial matters, a person can delegate decisions affecting their personal welfare, including healthcare and medical treatment to their attorney.

But as we have observed this is quite a tough area of law to master ; so much so that for the Solicitors profession The Law Society has produced a practice note to assist solicitors in advising clients wishing to draw up an LPA, and solicitors who are acting as an attorney under an LPA. The same practice note also covers ongoing arrangements for Enduring Powers of Attorney.