Creating a valid LPA
Creating a valid LPA

The following Private Client practice note provides comprehensive and up to date legal information covering:

  • Creating a valid LPA
  • LPA legislation and guidance
  • Creating a valid LPA
  • Instrument in prescribed form
  • Appointment of the attorney
  • Capacity of the donor
  • Instructions and preferences
  • Execution requirements
  • Witnesses
  • Where the donor cannot sign or mark
  • More...

A lasting power of attorney (LPA) is a legal document that enables an individual (the ‘donor’) to appoint one or more people (known as ‘attorneys’ or 'donees') to make decisions on their behalf. Unlike a general power of attorney created under the Powers of Attorney Act 1971 or a trustee power of attorney made under section 25 of the Trustee Act 1925 (see Ordinary powers of attorney for further details), an LPA continues to take effect after the mental incapacity of the donor.

LPAs were introduced by the Mental Capacity Act 2005 (MCA 2005) and replaced the old enduring powers of attorney (EPAs) from 1 October 2007. While existing EPAs continue to be valid and will still be seen in practice, it has not been possible to make a new EPA since 1 October 2007. For guidance on EPAs, see the Practice Note: EPAs—introduction and the other Practice Notes in the Enduring powers of attorney subtopic.

A key difference between the EPA and the LPA is the ability to make a separate LPA to cover health and care decisions as well as one for financial decisions. It was possible to delegate only financial decisions to one's attorney under an EPA. The LPA also offers a wider range of options to the donor in terms of how and when their attorneys should act and the ability to

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