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Personal Affairs Help Guides

Does the attorney need to be a solicitor?
No, this is not necessary. Of course this may be a possible choice if there is no one else suitable who fits the appointment criteria....
Can a relative be an attorney?
Yes, relatives are often appointed as attorneys....
What is an ordinary or general power of attorney?
This type of power of attorney is used when a donor appoints an attorney(s) to take care of property and financial matters only. Usually, an ordinary power of attorney finishes when the donor has lost the ability to control his or her assets....
What is a lasting power of attorney?
The lasting power of attorney (LPAs) documents were initiated under the 2005 Mental Capacity Act and first came into use on 1st October, 2007. LPAs have replaced enduring powers of attorney (EPAs). They were introduced to cover the time when the donor has lost capacity to attend to his or her own financial, personal or business affairs. They are cal...
Is it necessary to replace my EPA with an LPA?
You do not need to replace an enduring power of attorney (EPA) if it was created before October 2007, but an EPA does not provide quite the same amount of protection as a lasting power of attorney (LPA)....
Who can be appointed under a lasting power of attorney?
Generally, family members or trustworthy friends can be authorised to make decisions on the donor’s behalf. The lasting power of attorney (LPA) is first created and then registered with the Office of the Public Guardian....
What is the main difference between an EPA and a LPA?
The old enduring power of attorney (EPA) was a power of attorney which permitted the donor to appoint somebody to act on his or her behalf in matters related to property and other affairs. The EPA still remains valid even if the donor later has lost mental capacity. In contrast, a lasting power of attorney (LPA) lets the donor appoint somebody to ac...
How many types of LPAs are there?
There are two types of LPAs: an LPA for Property and Affairs and an LPA for Personal Welfare....
What is an LPA for property, financial affairs and other important matters?
An LPA for property and financial affairs gives permission for the attorney to manage all affairs like property, including, if necessary, selling the donor’s home, managing financial assets such as bank accounts and investments and keeping a business running if the donor has one. The attorney can also make decisions, whether the donor has lost capac...
What is an LPA for personal welfare?
An LPA for personal welfare permits the attorney to act on the donor’s behalf when it comes to making decisions about his or her health and welfare. This could include giving consent for certain medical treatment and making decisions about where the donor should live, including whether care at home is sufficient. The attorney for this LPA can only a...