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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...
What different types of powers of attorney are used in England and Wales?
In England and Wales there are two main kinds of powers of attorney: a general or ordinary power of attorney and a lasting power of attorney (LPA)....
What is a power of attorney?
A power of attorney is a document in which one person (the donor) appoints another person (the attorney) to act for him or her.  There are two types of document: an ordinary power of attorney and a lasting power of attorney. An ordinary power of attorney is the document used when a donor appoints an attorney(s) to take care of property and financial...
Is an LPA legally binding when not in England and Wales?
An LPA initiated in England and Wales is not legally binding in any other country, including Scotland and Northern Ireland. It is the institutions in other countries, like hospitals, which decide whether a lasting power of attorney should be recognised....
What is meant by 'joint' or 'joint and independent' attorneys?
On occasions, a donor may decide to appoint two attorneys. If this decision is made, the donor will have to decide if the two attorneys will be either 'joint' attorneys or 'joint and independent' attorneys. Joint attorneys are required to act together, meaning they have to reach joint agreement before an action can take place. If one of them is abse...
Can a donor revoke a power of attorney once he or she is deemed incompetent?
A donor who is deemed incompetent cannot revoke an LPA, but an ordinary power of attorney is revoked automatically as soon as the donor is found to be incompetent....
When does a power of attorney begin and when does it end?
A general power of attorney begins straight away while a lasting power of attorney (LPA) begins once it is registered at the Office of the Public Guardian. An ordinary power of attorney will end automatically once the donor is mentally incapacitated or dies. An LPA automatically ends as soon as the donor dies. The donor may revoke a power of attorne...