Changes to Power of Attorney take effect!

As from October 1st 2007, the Mental Care act 2007 became Law. One of the
main changes that this affects, how individuals can appoint an attorney to look
after their financial affairs, should they become incapable of doing so.

Prior to 1st October, this was a relatively easy process, where a ‘Donor’ (person
granting authority), grants ‘Power’ to a nominated ‘Attorney or Attorneys’
(individuals with the authority to act). This was called an ‘Enduring Power of
Attorney, as from 1st October, this is now no longer possible.

The Mental Care Act 2007, states that a new process called ‘Lasting Power of
Attorney’ (also known as LPA), is now required. Although the principle is
generally the same, the process and documentation is now more complex
and complicated. The process is split into the following:

Instruction – The Donor grants the instruction for the LPA to be drawn up

Documentation – The Document is produced, this is now a minimum of
a 25 page document, which encompasses all of the rights & requirements of
the Donor & Attorney’s

Certification – Unlike the previous EPA’s, the new documents need to be signed
by a professional third party as a certificate provider, who is signing the document
stating that in his/her opinion, the Donor has the Mental Capacity to grant the LPA.

Registration – Again unlike the previous EPA, the new documents need to be
registered with the Office of Public Guardian (formerly the Public Guardians
Office), before it has any Legal Power.

This change in Law affects every Adult in England and Wales, to
find out more or discuss this matter further, contact

Dave Richards, Managing Director
Legacy Specialist Wills & Trusts Ltd

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