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06/04/2020

Alternative solutions to LPAs

The Office of the Public Guardian predict delays in registering Lasting Powers of Attorney (“LPA’s) during the coronavirus pandemic.

One option you may wish to consider is drawing up a General Power of Attorney (“GPA”). Unlike an LPA you do not need to register a GPA before it can be used. Time scales may be of the essence when loved ones find themselves unwell or isolating and unable to leave the house.

As with an LPA, a GPA deed allows you to appoint a trusted family member or friend as your attorney with regard to your property and affairs. Once drawn up a GPA is effective as soon as you have signed and it is witnessed. Unlike an LPA you must have mental capacity for the GPA to be used. The deed does therefore end automatically if you lose mental capacity and therefore we always advise drawing up a Lasting Power of Attorney (“LPA”) alongside as a long term solution.
As with an LPA you choose your attorney or attorneys and appoint them to deal with your financial affairs and specify whether they are to act jointly or separately.

If you are worried that a loved one may not be able to give clear instructions due to problems with their mental capacity then we can talk to you about ways in which, in the absence of any existing power of attorney, you can manage a vulnerable persons property and affairs by making an application to the Court of Protection to be appointed as their Deputy (a court appointed equivalent of an attorney).

If you have any questions then our team are at the end of the phone to help, please get in touch on 01484 821 300

https://www.gov.uk/guidance/coronavirus-covid-19-office-of-the-public-guardian-response