Kent Solicitors

My clients business has failed and he faces bankruptcy.

He executed an Enduring Power of Attorney (EPA) before 1st October 2007 and a Lasting Power of Attorney (LPA) in respect of personal welfare on 3rd October 2007. Are they affected?

(1) An EPA, whether registered or unregistered, is revoked if either the donor or any of his attorneys become bankrupt (Schedule 4 Part 1 2 (7) of the Mental Capacity Act 2005).

(2) As the LPA is in relation to personal welfare it is not revoked (Section 13 (3) Mental Capacity Act 2005).

If the LPA was in respect of property and affairs it would be revoked.

Please see the website of the Office of the Public Guardian at www.publicguardian.gov.uk and the Law Society's practice note for solicitors on Lasting Powers of Attorney.

Labels: bankruptcy, Lasting Powers of Attorney Enduring Powers of Attorney

Lasting Powers of Attorney (LPA) were introduced in October 2007 to replace Enduring Powers of Attorney. They are used when somebody (“the donor”) wishes to appoint somebody else (“the Attorney”) to act on their behalf.

Labels: Lasting Powers of Attorney Enduring Powers of Attorney