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More clients need to be encouraged to make an LPA

It is just over four years since we saw the change from enduring power of attorney (EPA) to lasting power of attorney (LPA) and my worry is, because of the change, fewer people than before are making powers of attorney.

18 January 2012

The problem with the new regime is not just the increased paperwork but the extra time spent in preparing the documents and advising clients. This obviously equates to extra cost to the client and this can be the reason why LPAs are not created, especially in these uncertain economic times. The concern is that avoiding the cost now potentially creates a real problem for clients in the future should they lose their mental capacity.

Under capacity

People losing mental capacity without an EPA or LPA will have to rely on a deputyship order in which an appropriate person is appointed to look after their financial affairs or health and welfare decisions.

There are four major problems that arise from this:

  • It is lengthy. In my experience on average an application takes between six and 12 months. ?This is time when the person who has lost capacity has no one looki...

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