Lasting Powers of Attorney Lawyers Malton, Wetherby & York
An Enduring Power of Attorney (EPA) prepared before October 2007 is still valid but new ones could not be created after that date. Lasting Powers of Attorney (LPAs) replaced EPAs from then onwards.
There are some differences between EPAs and LPAs, the main one being that EPAs only allow your attorney to make decisions about issues relating to your Property and Financial Affairs, whereas there are 2 types of LPA, one which covers Property and Financial Affairs and a separate one which covers "Health and Welfare" issues.
Property and financial affairs decisions include:
- Operating your bank accounts,
- Paying your bills
- Managing your investments
- Dealing with benefits/pensions
- Selling property
At the time when EPAs were made, which allows your attorney to assist you in dealing with your finances, the opportunity to appoint an attorney to act for you on health and welfare issues was not available. This could be something which you may now want to consider.
A Lasting Power of Attorney for Health & Welfare allows you to appoint someone who you know and trust to make decisions about your health and welfare in circumstances where, due to a lack of mental capacity, you were unable to make those decisions for yourself.
Some of the decisions your health and welfare attorney could make:
- Healthcare and medical treatment
- Where you should live and who you should live with
- Day to day care, diet and dress
- Who you may have contact with
- Consenting to and refusing medical examination and treatment on your behalf
- Arrangements needed for you to be given medical, dental or optical treatment
- Assessment and provision for community care services
- Rights of access to personal information about you
- Complaints about your care and treatment
You can also decide whether or not you would want your attorneys to have the right to accept or decline life-sustaining treatment on your behalf, and this element has to be specifically provided for in the LPA document.