Major changes in the powers of attorney regime in the UK take place on 1 October. The enduring powers of attorney scheme will be replaced by a new system called lasting powers of attorney. Lawyers say that the difference will be vast. The Mental Capacities Act 2005 initiated the move which was meant to have taken place in April but the LPA documents needed further work. An LPA will be harder to secure and it will cost much more than an EPA but the attorney will have greater powers. Emma Lampier, private client partner at Kingsley Napley, said: “The entire legal process is set to become much lengthier due to the requirement to register an LPA before it can be used. Coupled with this is the substantial increase in cost - potentially five or more times the current figure for setting up an EPA – especially as separate forms are completed to appoint those managing property and affairs and those appointed to take health and personal welfare decisions.” In pointing out the distinctions between the schemes, law firm Macfarlanes said: “EPAs cover only property and affairs. There will be two different types of LPA – one for property and financial affairs and the other for welfare (including healthcare).” Different attorneys can be appointed under LPAs to deal with different aspects of an individual’s affairs using the same LPA (or LPAs if the client wishes to cover matters relating to property and financial affairs and welfare). Currently, if a client wants different individuals to manage different aspects of the property and financial affairs more than one EPA is needed. LPAs must include a certificate (the list of who can give the certificate has yet to be finalised), confirming that the person appointing the attorney understands the LPA’s purpose and that no one used fraud or undue pressure to persuade the individual to give the power. There is no such certificate for an EPA. Attorneys acting under LPAs must act in the donor’s best interest and be guided by a code of practice which is more than 200 pages long. There is no code of practice for attorneys acting under EPAs, although they still have a duty to act in the individual’s best interest. Emily Pantling, of law firm Stevens & Bolton, is doubtful about its merits: “The abolition of the EPA will create a less user-friendly system and has certainly raised some eyebrows. A very small minority of unscrupulous attorneys abused the EPA system, however, can the introduction of a new complicated and expensive process really be deemed to provide greater protection for those who need it? There certainly appears to be a disregard for the financially less well off and vulnerable clients.”