Lasting Powers of Attorney –risks and solutions
Donor- person making the Lasting Power of Attorney
Attorney- person appointed by a Donor to act on his/her behalf
LPAs were introduced a decade ago to replace Enduring Powers of Attorney (‘EPAs’). Although no new EPAs could be granted after 30th September 2007, there are still many thousands which are valid and in operation. While the idea of the EPA was sound they provided little flexibility for Donors and were perceived as open to abuse. As a result, in 2005, LPAs were introduced under Mental Capacity Act. LPAs could no longer be granted only in respect of Property and Financial Affairs but now also Donor’s Health and Welfare. LPAs allowed donors to appoint attorneys and replacement attorneys in the event they or an attorney cannot act. Donors are now allowed to express his/her preferences and instructions which can be extremely helpful for the chosen attorney or attorneys in performing their role.
Problems relating to giving someone else authority to act
Initially Donors had to name people to be notified of the registration of their LPA. Furthermore a “Certificate Provider” (specifying his/her ability to assess the situation) had to provide independent verification of the Donor’s capacity and the lack of endue influence. Despite the extra hassle these initial requirements offered as barriers to fraud and abuse, regrettably, the above requirements have since been watered down. Certificate providers no longer have to indicate their professional expertise or even knowledge of the Donor. There is also no requirement to notify a third person of impending registration. Here at My Local Solicitor Ltd. we strongly believe that your certificate provider should have the relevant professional expertise. As we only employ trained and fully qualified solicitors, you will be in safe hands. My Local Solicitor will examine your personal situation with you in detail and produce the relevant certificate at no extra cost. Knowing that a qualified professional assisted you in applying and registering your LPA, it will give you and your family extra peace of mind.
Please note that the information provided on this page:
- Does not provide a complete or authoritative statement of the law;
- Does not constitute legal advice by My Local Solicitor Ltd;
- Does not create a contractual relationship;
- Does not form part of any advice, whether paid or free.