Enduring Power of Attorney Deadline Looms

There are now only five days left in which to make an enduring power of attorney before the law changes on 1 October and the more expensive and complex lasting power of attorney takes effect.

Solicitors are working flat out as friends and relatives of the elderly rush to put in place an enduring power of attorney which is a fairly simple process. The aim of the new legislation is to tackle abuses by relatives of the sick and elderly but not everyone is happy with the changes. If an enduring power of attorney is established before the 1 October deadline, it avoids the problems with the costly and complex LPA.

An EPA can be made online for around £30, but the cost of setting up and registering an LPA can easily reach £1,000. The simpler and cheaper EPA will still be effective after 1 October, if drawn up before, but no new EPAs will be possible after that date.

The new Lasting Power of Attorney is longer and more complex - 25 pages, against four for the LPA - and, unlike the EPA, it needs to be registered with the Office of the Public Guardian before it can be used. The EPA must be registered only when the donor loses mental capacity and can be done so cheaply and quickly.

For further information and to find out how to make an Enduring Power of Attorney in minutes go to www.enduring-power-of-attorney.net

Deadline Coming

The deadline for the new Lasting Power of Attorney is fast approaching. After the 1st October 2007 you will no longer be able to make an Enduring Power of Attorney but instead will need to use the more complicated Lasting Power of Attorney.

Most financial experts are advising clients to opt for an Enduring Power of Attorney before it is too late.

One way to do this is to make an Enduring Power of Attorney Online.

For more information go to www.enduring-power-of-attorney.net

Lasting Power of Attorney changes

The Alzheimer's Society have a very useful guide and brochure regarding both the current Enduring Power of Attorney and the new Lasting Power of Attorney starting in October.

You can see the Alzheimer's Society EPA Guide here

Fees for Lasting Power of Attorney

The Government response to the public's views on proposed fees for the new Court of Protection and the Office of the Public Guardian was published on the 30th April 2007.

The response proposes a £150 fee for registering a Lasting Power of Attorney and an increase in registering an Enduring Power of Attorney to £125.

To register the equivalent Powers of Attorney in Scotland costs £35.

Constitutional Affairs minister Cathy Ashton said: "Today's announcement is a step closer to full implementation of the Mental Capacity Act. The new fees structures will make it easier for people to plan ahead for the start of the Court of Protection and the Office of the Public Guardian.

"The fees structures provide clarity and support the new services and safeguards we have put in place to protect people who lack mental capacity, to ensure that there are checks and balances at all times."

The fees structures will now go before Parliament in the summer and will come into effect on October 1 together with the Court of Protection and the Office of the Public Guardian.

One of the main reasons why the current Enduring Power of Attorney is generally considered to be better is the fact that the fees for an EPA are paid as and when the attorney is "used". The new rules required payment of the fee at inception.

Lasting Power of Attorney

Lasting Powers of Attorney will replace the current Enduring Power of Attorney in October 2007.

It is generally accepted that the current Enduring Power of Attorney is better for most people.

For further information Enduring Power of Attorney