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lasting power of attorney

Does a Lasting Power of Attorney ever need updating?

Yes, a Lasting Power of Attorney (LPA) may need updating in the UK under certain circumstances.

An LPA is a legal document that allows an individual (the donor) to appoint one or more people (the attorneys) to make decisions on their behalf if they become unable to do so in the future.

 There are two types of LPAs in the UK:

Property and Financial Affairs LPA: This LPA grants authority to the attorney(s) to manage the donor’s financial matters, such as buying or selling property, managing bank accounts, and paying bills.

Health and Welfare LPA: This LPA authorises the attorney(s) to make decisions regarding the donor’s health and personal welfare, including medical treatment, care, and accommodation.

The need to update an LPA may arise due to various reasons:

Change in personal circumstances: If the donor’s personal circumstances change, such as a change in marital status, the birth of children, or a change in their financial situation, they may wish to update their LPA to reflect these changes.

Change in preferences: The donor’s wishes or preferences regarding their financial, health, or welfare matters may change over time. In such cases, they may want to update their LPA to ensure that the attorney(s) appointed have the most up-to-date instructions.

Change in attorney’s circumstances: If any of the appointed attorneys become unable or unwilling to act on behalf of the donor, it may be necessary to update the LPA to remove them and appoint new attorneys.

Legal changes: Occasionally, there may be changes in the law or regulations governing LPAs. If such changes impact the validity or effectiveness of an existing LPA, it may be necessary to update the document to comply with the new requirements.

It’s generally recommended to review and, if necessary, update an LPA every few years or whenever a significant life event occurs. It’s essential to ensure that the document accurately reflects the donor’s current wishes and circumstances. If you have an existing LPA and are unsure whether it needs updating, it’s advisable to seek legal advice from a solicitor or a professional familiar with UK law to evaluate your specific situation.

lanka bandara comptons solicitors
About the Author
Lanka Bandara, Associate Partner, Head of Private Client

Estate Planning and Wills, Lasting Powers of Attorney, Private Wealth, Probate and Attorneyship

Interested in making a Will? Please contact Lanka Bandara in the Private Client department at Comptons Solicitors LLP. (lb@comptons.co.uk 020 7482 9526).