The Government has now outlined its plans for lasting powers of attorney (LPAs). The difference between these new arrangements and the existing enduring power of attorney (EPA) is that an EPA only allows the attorney to deal with the financial affairs of the person granting the power, whereas under the new arrangements the attorney can be allowed to make decisions concerning their health and welfare, if they are no longer able to do so themselves. LPAs will also allow a person to make an ‘advance direction’, commonly referred to as a ‘living will’, specifying in what circumstances they do not wish life-sustaining medical treatment to be given.

Powers of attorney are normally brought into use when a person lacks the ability to make decisions for him or herself. Under the plans, there will be a strict code of conduct for attorneys and any advance directions will have to be made in writing. The guidance sets out the procedures for making and changing an LPA and what needs to be done, in particular, where a living will is incorporated into the arrangements. It also stresses that such arrangements should be kept under regular review.

A period of consultation will now take place with a view to bringing in legislation effective from April 2007.

Says Teresa McCutcheon, 'The LPA should make it much easier for families who have to deal with the affairs of persons who are not competent to make their own decisions, especially those suffering from illnesses such as Alzheimer’s disease and senile dementia. People should give consideration to these issues and make sure that if they create an LPA, it is done at a time when their mental competence is not in doubt.'