Lasting Power of Attorney - All Change??

Tuesday 3rd November, 2009

Elizabeth Power

Lasting Powers of Attorney effectively replaced what was known as Enduring Powers of Attorney on the  1st October 2007.

These allow the person making the form “the Donor” to appoint someone else to act on their behalf, “the Attorneys” in respect of their property and affairs and/or their personal welfare.

Since their inception the Lasting Powers of Attorney forms have caused a number of problems.  Not only were they inordinately long and restrictive - they were also very dependant on “ticking” the right box.

The six months following their inception saw a furore by practitioners and a practical break down of the Office of the Public Guardian, the body responsible.  Because of this the Office of the Public Guardian announced that it would review the format of the forms.

This bring us some two years down the line to 1st October 2009 - seeing the release of the new forms.

These are now 11 pages long, as opposed to 25.  They contain less prescribed information to be read and the size of the font is smaller.  There is the ability now to attach additional pages and for these to be specifically noted on the front of the form. The new forms are more compact in that the same relevant issues as before are now contained in fewer pages.  Hopefully this should make a difference to the costs of drafting these forms.

The irony however, is that most practitioners had become accustomed to the old forms. 

The principles underlying the forms however have not changed and the Donor and the Attorney still need to have regard to the Codes of Practice book that sets out the basic principles for an Attorney to act on behalf of a Donor.  Best Interests is still one of the most important factors.

If you require any further information please contact Elizabeth Power of Paris Smith LLP, 1 London Road, Southampton, Hampshire, SO15 2AE (t) 02380482206

Back