Lasting Power of Attorney and Enduring Power of Attorney

[Sallythedog]

Some years ago I set up an EPA, but following a recent MN thread I dug it out and checked it and found that it only covers property, there is no 'health' option. Clearly I now need to set up an LPA for health.

My question is this: is there a benefit to having the format the same for both health and property, i.e. should I also make an LPA for property? How much more difficult would it be for the Attorneys (same people for both) to register both types.

If I don't have to spend the extra £82, that would be good, but equally I have no wish to make life more difficult for those who have to actually do the work.

we have two separate ones, as the financial one was done several years ago and it's now changed. Our solicitor didn't really see the point of changing it, the main different is that the financial one is fully joint with me and my sibling, and the health one is jointly and severally (but with a couple of key things being specified as fully joint).

sorry, I should say we are the attorneys, it's for my surviving parent.

Thankyou River, that is most helpful. If your solicitor advised that it was OK to have both types, then I think I'll just have one new one. My adult DDs are attorneys on the EPA, jointly and severally, and I am moving towards thinking the arrangement your parent has for the health might be the way I'll go.

I am most grateful for your reply, it has definitely helped to clarify my thinking.

no worries!

Just to let you know, the financial one has to be registered with your banks, building societies etc. What we didn't realise is that it will kick in immediately! So my mum's statements are now going to my sibling, which is slightly annoying. We thought we be organized and get everything set up so that we could get it to kick in when my mum ceased to be able to attend to this herself, but it happens straight away.

With the new financial l.p.a. there is a section you tick to choose either to have the authority to use it as soon as it's registered or wait until the donor loses capacity, I don't know about the e.p.a.

Thankyou River and Tam, I'm going to sit down this afternoon and have a good look at the website, and see what I need to do. I did the Probate for both my parents, and my own divorce, so imagine I should be able to manage it... That in itself should prove that I have mental capacity I think.

my mother has considerably more mental capacity than me to deal with her ludicrously complicated financial affairs! She must be dreading the day we take charge

In weighing up the options and demonstrating why you are making your decision you have just demonstrated Mental Capacity! X

We have the old style EPA, but are looking to change to new style. This is so it can be registered straight away.

you can register it straight away, that's what we did (we have an old style financial POA and a new style health one for my mum). You just need to go to the relevant banks and building societies and do that.