Lasting Powers of Attorney were introduced by the Mental Capacity Act 2005 and with effect from 1st October 2007 Enduring Powers of Attorney are no longer capable of being made.  Any Enduring Powers of Attorney made prior to 1st October 2007 are still valid and can be used.

There are two types of Lasting Power of Attorney; one dealing with property and affairs and the other dealing with health and welfare issues.

Whereas an Enduring Power of Attorney only needed to be registered when the Donor became incapable of managing their own affairs, now, under the Mental Capacity Act, a Lasting Power of Attorney must be registered with the Court of Protection before it can be used.  There is a fee payable to the Court of £150 and registration can take up to five months.

Lasting Powers of Attorney are much more complex documents than their predecessor the Enduring Power of Attorney