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lasting powers of attorney September 24, 2007

Posted by Bradley in : Uncategorized , trackback

I have just noticed (via the Guardian) that the UK is moving to a new system for powers of attorney, introducing lasting powers of attorney (which will give the grantee a wide range of powers including powers about health care decisions) to replace enduring powers of attorney (which give the grantee power with respect to financial decisions). After 1 October 2007 it will be possible for people to set up LPAs. But the new documents are much more expensive to produce and explain to clients than those for EPAs so it seems that many people are trying to set up EPAs before the new system comes into effect.

This is one of the changes brought about by the Mental Capacity Act 2005, and it is another area where the UK Government used an easy read consultation document (the full consultation document is here).

In looking into this development I noticeed that a number of solicitors’ firms have posted documents on their websites with the title: Lasting Powers of Attorney The New Law in Detail. The Lockharts Solicitors version is here, the Peter, Peter and Wright version is here, and the Oliver Fisher version is here. But these different versions are in fact all the same, although they don’t state that they were not written by anyone at the firm in question. And Oliver Fisher states at the top of its web page that “Not all law firms are the same…..”

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