Lasting Powers of Attorney
When a person loses the mental capacity to look after their own affairs, other arrangements need to be put in place. If no plans have been made then the Office of the Public Guardian, together with the Court of Protection, will need to be involved.
This process will be expensive, cumbersome and sometimes demeaning for those making the application, and there is no guarantee that the court of Protection will appoint a relative.
Since 1st October 2007, Enduring Powers of Attorney have been replaced by Lasting Powers of Attorney (LPA) regulated by completely new legislation, The Mental Capacity Act 2005.
There are two types of LPA's covering different aspects of life, The Property and Affairs LPA and the Personal Welfare LPA. Both have more scope and flexiblity than the old Enduring Powers of Attorney and are also more secure as they require registration before they can be used.
Loss of mental capacity is not restricted to the elderly and it can happen at any time as a result of accident or illness.
Who Will Look After Your Affairs if You Lose Mental Capacity?