Misuse of EPAs and LPAs and its prevention
Produced in partnership with Victoria Mahon De Palacios of Wedlake Bell
Misuse of EPAs and LPAs and its prevention

The following Private Client guidance note Produced in partnership with Victoria Mahon De Palacios of Wedlake Bell provides comprehensive and up to date legal information covering:

  • Misuse of EPAs and LPAs and its prevention
  • Introduction of LPAs
  • Misuse
  • Role of the solicitor
  • Court appointed deputies
  • Roles of the OPG and Court of Protection

Enduring powers of attorney (EPAs) and lasting powers of attorney (LPAs) enable a person's affairs to be managed in the event that they lack capacity to personally manage them in the future. They are governed by the Mental Capacity Act 2005 (MCA 2005) to which, in addition to its accompanying Code of Practice (the Code), attorneys must have regard.

Introduction of LPAs

LPAs were introduced to tackle concerns over the lack of safeguards involved in the making of EPAs. Concerns centred on EPAs being too easy to put in place as there were no checks on whether the donor had capacity to make them or that the donor understood the implications of doing so. Also they could be (and still are) used without registration at the Office of the Public Guardian (OPG), unlike LPAs.

LPAs brought with them a requirement for a certificate provider (a professional or someone who has known the donor for at least two years) to certify that the donor understood the purpose of the LPA and the scope of the authority, and that no fraud or undue pressure was being exerted over the donor to create the LPA and there was nothing else that would prevent the LPA being created.

LPAs also provide the donor with the option to notify up to five persons (named persons) that they