Lasting power of attorney came into effect on 1 October 2007. The LPA replaced the former Enduring Powers of Attorney (EPA) which were narrower in scope. Their purpose is to meet the needs of those who can see a time ahead when they will lack capacity to look after their own personal and financial affairs. The LPA allows them to make arrangements for family members or trusted friends to be authorised to make decisions on their behalf.

Lasting power of attorney (LPAs) in English law were created under the Mental Capacity Act 2005

The purpose of a lasting power of attorney

The attorney is someone (or in some circumstances an organisation such as a company) legally appointed or empowered to act for another person. The person giving the power is known as the donor. The word ‘lasting’ means that the power may continue even if the person (though still alive) no longer has capacity to exercise the power.

The former EPA was simple to set up, but the attorney’s powers under the EPA were largely defined in terms of money and property, and were not related to decisions on medical matters such as the continuation or otherwise of life-sustaining treatment, or welfare matters such as a move to a different kind of accommodation. The changes under MCA 2005 rectified this omission, by creating two LPAs: one for property and financial affairs and one for Health and Welfare.

The new LPAs are also more robust with a number of checks and balances, but are more complicated and expensive than the old EPAs