An occasional stumbling block when getting terms for an immediate care annuity is having the right type of Lasting Power of Attorney (LPA) in place.

GPs sometimes decline to issue medical reports on the sole authority of a Property & Financial Affairs LPA.

When this happens, they often refer to guidance received from the Care Quality Commission (CQC) which talks about the requirement of a Health & Welfare LPA.

This guidance is incorrect as the Office of the Public Guardian (OPG) reinforce that a Property & Financial Affairs LPA is satisfactory authority as the medical report is being used to facilitate a financial decision.

The CQC has now updated their guidance to confirm this stance and plan to communicate this to GPs in due course.

If you are acting as the attorney for someone who has lost mental capacity, there might still be good reasons to have both types of LPA in place.

It is worth seeking advice from a solicitor with expertise in this area before making a decision.