Public Is Confused By New Legislation On Powers Of Attorney Says Kent Lawyer

21 May 2008

The public is confused by complex new legislation governing powers of attorney, says Kent lawyer Nicola Rostron who is dealing with an increasing number of enquiries from clients.

Since October 2007, the Mental Capacity Act has had a big impact, introducing a new lasting power of attorney known as LPA which replaced enduring powers of attorney – EPA. (General powers of attorney remain unchanged.)

Nicola, 41, associate and senior solicitor in the private client team at one of the South East’s leading law firms Furley Page, now divides her time between her Canterbury office and the firm’s recently-opened Chatham office at Thames Gateway in order to cope with the demand.

She comments: “Many clients are still trying to find their feet with this law which can be a bit of a minefield. Basically there are two types of LPAs – the first deals with property and affairs and gives the attorney authority to act in connection with someone’s financial matters.
“The second relates to personal welfare embracing issues such as health, medical treatment, where to live, what to wear, what to eat, who to see – but the attorney can only make decisions if someone has lost capacity.”

The major advantage of LPAs is that once registered, a person is still able to conduct their own affairs – either with the attorney or independently.

For further information contact Nicola Rostron on 01227 763939.
 

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