What is the difference between a Lasting Power of Attorney and an Enduring Power of Attorney?
A Power of Attorney is a legal document which effectively hands over the power to manage your affairs to another person who is then known as your “attorney”.
A Power of Attorney can be used when it is easier for the person granting the power (the principal) not to act for themselves or where they cannot do so. For example a parent could be made an attorney for a son or daughter who is abroad with the armed forces so that they can keep their finances in order while they are away.
If you need an attorney to act for you when you become mentally incapacitated then the Power of Attorney required is known as a Lasting Power of Attorney, or LPA. A Lasting Power of Attorney cannot be used until it is registered with the Court of Protection. This requirement reduces the risk of abuse, but disputed Power of Attorney cases are still common. There are two types of Lasting Power of Attorney: one covering property and finances, the other covering health and welfare. Most Power of Attorney disputes involving LPAs concern the property and finances variety.
The LPA replaced the Enduring Power of Attorney (EPA) in October 2007. The Enduring Power of Attorney was vulnerable to abuse and fraud because although it should have been registered with the Court of Protection at the point the principal became incapacitated this was not always done. Registration formalities were rarely questioned by institutions requiring sight of an EPA in order to deal with an attorney. The Lasting Power of Attorney which replaced it avoids this problem because the Power will not be valid until it is registered. However, Enduring Powers of Attorney will still be in existence for many years to come, so abuses by attorneys will continue to arise.
Disputed Power of Attorney cases
If you require advice on a disputed Power of Attorney then our experienced lawyers are here to help.
You may, for instance, believe that a Power of Attorney has been signed in inappropriate circumstances, for example under duress. You may wish to challenge the attorney on their appointment. Or you may be disputing specific actions that an attorney has taken, such as where an attorney has gifted themselves money.
We can deal with all types of disputed Power of Attorney cases and can apply to the Court of Protection on your behalf to request a review of what the attorney has done.
The combination of our caring approach and specialist expertise in this complex area will give you peace of mind. Call for a free case assessment on 0808 139 1599 or send an email to us at [email protected]