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Lasting Or Enduring Powers Of Attorney
What is the difference between Enduring Powers of Attorney and Lasting Powers of Attorney?
I would appreciate if members have knowledge of these matters.
I would appreciate if members have knowledge of these matters.
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Although the Builder is right and you can no longer make a new EPA, there are still some EPA's around.
An ordinary PA became invalid if the donor lacked capacity. Thus one could make an EPA which survived the lack of capacity. However, you could not use an EPA after loss of capacity until it was registered with the Office of the Public Guardian. You couldnt register it unless capacity had been lost. Thus there was often a long delay in being able to act under an EPA.
LPAs were created by the Mental Capacity Act 2005. There are two types - one for Health and Welfare and one for Property and Affairs. As soon as they have been executed by the Donor and the proposed Attorneys they can be registered. Thus once the donor loses capacity one can act straight away.
In reality, however, there are few practical differences between an LPA and an EPA.
An ordinary PA became invalid if the donor lacked capacity. Thus one could make an EPA which survived the lack of capacity. However, you could not use an EPA after loss of capacity until it was registered with the Office of the Public Guardian. You couldnt register it unless capacity had been lost. Thus there was often a long delay in being able to act under an EPA.
LPAs were created by the Mental Capacity Act 2005. There are two types - one for Health and Welfare and one for Property and Affairs. As soon as they have been executed by the Donor and the proposed Attorneys they can be registered. Thus once the donor loses capacity one can act straight away.
In reality, however, there are few practical differences between an LPA and an EPA.
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