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  I've been through this from both sides this year.
  
  The old Enduring Power of Attorney was produced when someone was still capable of managing their affairs, but then had to be registered with the Court of Protection when they became incapable before it could come into effect, which could take 6 weeks or more and cause problems. There are undoubtedly many of these waiting to be activated.
  
  The new Lasting Power of Attorney has two versions covering finance and health. It is registered as soon as it is produced without any further legal delays. They have to be produced by a Certifcate Provider, usually a solicitor who has been specifically trained and registered to provide this service, so as far as I know it is not possible to do it yourself.
  
  If you don't want to go to the expense of a separate LPA for health and welfare then a solicitor can produce an Advanced Decision/Living Will which will just cover decisions to be made regarding health treatments.
  
  Here's the important bit - thanks to this wonderful new piece of legislation, if someone doesn't have the mental capacity to manage their own affairs and hasn't an EPA or LPA then relatives have no powers, it is automatically referred to the Court of Protection and can cost up to £10,000 in admin fees to the Court from the person's funds as well as leaving relatives with no powers over their loved one's affairs. So £120 plus legal fees might seem a lot but in the long run it's a lot less than not having one.

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