{"id":731,"date":"2022-07-25T10:39:00","date_gmt":"2022-07-25T09:39:00","guid":{"rendered":"https:\/\/demo.athemes.com\/sydney-main\/?p=731"},"modified":"2022-08-23T00:47:45","modified_gmt":"2022-08-22T23:47:45","slug":"similique-quis-a-libero-enim-quod-corporis-3","status":"publish","type":"post","link":"https:\/\/willsutrust.com\/index.php\/2022\/07\/25\/similique-quis-a-libero-enim-quod-corporis-3\/","title":{"rendered":"Should EPA be replaced with a LPA?"},"content":{"rendered":"\n

You may have an Enduring Power of Attorney (EPA) in place. EPA\u2019s were replaced by Lasting Power of Attorneys (LPA\u2019s) from 1st<\/sup> October 2007 so it\u2019s not been possible to create EPA\u2019s since then.<\/p>\n\n\n\n

If you have an EPA in place, should you replace it with an LPA? If the EPA was drafted and signed correctly and your wishes remain the same, there may not be a need to replace the existing EPA. However, that\u2019s not to say there aren\u2019t good reasons for considering an LPA.<\/p>\n\n\n\n

  1. EPA\u2019s only cover financial affairs<\/strong><\/li><\/ol>\n\n\n\n

    An EPA only deals with finances and allows attorneys to make decisions about selling the donors home, making gifts and managing bank accounts and bills. At the time the EPA was made it wasn\u2019t possible to appoint attorneys to make decisions about personal welfare. To give someone legal authority to make decisions about health, care and life sustaining treatment a Health and Welfare LPA needs to be in place.<\/p>\n\n\n\n

    1. Creation of LPA\u2019s is more secure<\/strong><\/li><\/ol>\n\n\n\n

      It is generally accepted that the process of making an LPA is more secure as there are more safeguards integrated within the process. For an LPA to be valid it must be signed by a Certificate Provider who can confirm the donor has mental capacity and is not under any undue coercion. This is important for the client as it provides more protection for the client if the LPA is challenged later and an attempt is made to set aside the LPA on the grounds of lack of capacity when the LPA was made.<\/p>\n\n\n\n

      1. LPA\u2019s allow replacement attorneys to be appointed<\/strong><\/li><\/ol>\n\n\n\n

        Under an EPA it wasn\u2019t possible to name replacement attorneys so if the original attorneys were unable or unwilling to act the EPA would cease. Remember, it\u2019s not possible to amend an existing EPA or create a new EPA. If no attorney is able to act and no one is in place to make decisions for the client, an application would need to be made to the Court of Protection for deputyship which may not be given to the person who you would have preferred.<\/p>\n\n\n\n

        1. More flexibility<\/strong><\/li><\/ol>\n\n\n\n

          LPA\u2019s allow for a wider range of options for wishes to be known to attorneys. Under an EPA restrictions were available on how attorneys could make decisions which is now known as \u201cinstructions\u201d within an LPA. However, in addition, an LPA allows the client to state \u201cpreferences\u201d which are not binding on the attorneys but provide greater guidance when other people are making decisions for you.<\/p>\n\n\n\n

          1. Stronger supervision<\/strong><\/li><\/ol>\n\n\n\n

            Unless there was a restriction included in the EPA, it only needed to be registered once the donor was starting to lose or had lost capacity. This unfortunately left the EPA open to abuse but unscrupulous attorneys\u00a0 and was part of the reason why LPA\u2019s were created. An LPA for financial affairs can be used either whilst the donor still has capacity or after capacity has been lost (the donor can state which) but it must be registered with the Office of Public Guardian before the Attorney can use it.<\/p>\n\n\n\n

            Contact us for an appointment.<\/p>\n\n\n\n

            \n
            Book an appointment<\/a><\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

            You may have an Enduring Power of Attorney (EPA) in place. EPA\u2019s were replaced by Lasting Power of Attorneys (LPA\u2019s) from 1st October […]<\/p>\n","protected":false},"author":1,"featured_media":944,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[9],"tags":[14,15,16,11,10],"class_list":["post-731","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-wills-trusts","tag-epa","tag-lpa","tag-poa","tag-trusts","tag-wills"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t