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Ep As & Lp As Notes

LPC Law Notes > Private Client Notes

This is an extract of our Ep As & Lp As document, which we sell as part of our Private Client Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Private Client Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Enduring Powers of Attorney & Lasting Powers of Attorney
The Court of Protection (CoP) & The Public Guardian (PG)
 PG role is to protect individuals lacking capacity from abuse, supported by the Office of the
Public Guardian
 PG primarily deals with:
o Enduring Powers of Attorney & Lasting Powers of Attorney

Court-appointed Deputies
POWERS OF ATTORNEY
A way of conferring power on another to act on his/her behalf, achieved by deed,
general or limited, BUT ceases to have effect if donor loses mental capacity
ENDURING POWERS OF ATTORNEY - EPAs
LASTING POWERS OF ATTORNEY - LPAs
Continue to be valid if donor loses mental capacity s.13(1) Mental Capacity Act 2005: 'he is incapable by reason of mental disorder of managing and administering his property and affairs"
Created before October 2007 (but still usable)
Created after October 2007 1 category only:
2 categories:
Property and Financial Affairs (doesn't give

1. Property and Financial Affairs authority regarding personal welfare decisions) 2. Health and Welfare
Key Features

1. Must be in prescribed form

1. Must be in prescribed form - LP1F, LP1H

2. Must contain a prescribed explanatory

2. Donor must choose a certificate provider statement

3. Execution must be in prescribed manner

3. Must be registered when the attorney has

4. Must be registered before it can be used -
reason to believe the donor is becoming attorney has no powers until registration mentally incapable has been completed

4. Notice of registration must be served on

5. Notice of application must be served on certain relatives anyone named by the donor
Requirements for an EPA/LPA to qualify:

1. Donor must be an individual who can grant the power - mental capacity is required

2. Done must be disqualified from acting as an attorney

3. Instrument must be in prescribed form

4. Must be executed and attested
Attorneys
 Must select if several or jointly, otherwise
 Presumption attorneys appointed jointly
EPA invalid
(unless rebutted)
 An attorney cannot witness the signature
 An attorney can witness the signature of of another attorney.
another attorney
Registration
 Obligation to register if the donor is or is
Can be registered at any time after execution,
becoming mentally incapable - until then it not just when donor loses capacity operates as an ordinary power of attorney
 Documents required:
o EP2

EPA
o Fee
When can it be used?
Operative on execution
Operative once registered
UNLESS authority postponed
 Property and Financial Affairs - before and after donor has lost capacity
 Health and Welfare - only after donor has lost capacity

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