Q&As

Is it possible for a person who is resident abroad (in this case, South America) to make an effective lasting power of attorney (LPA) under the Mental Capacity Act 2005 in respect of health and welfare while in England? It would be intended for use if the person’s health deteriorates while visiting family in England. Also, do the same principles apply for a LPA for property and financial affairs?

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Produced in partnership with Lynne Counsell of Addington Chambers
Published on: 17 April 2018
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Lasting powers of attorney

The Q&A envisages that the lasting power of attorney (LPA) would be executed here in accordance with the provisions of section 9 and Schedule 1 to the Mental Capacity act 2005 (MCA 2005). For more information, see: Lasting powers of attorney—overview. Under MCA 2005, s 9, an LPA confers on the donee(s) authority to make decisions about all or any of the following:

  1. •

    the donor’s personal welfare or specified matters concerning the donor’s personal welfare, and

  2. •

    the donor’s property and affairs or specified matters concerning the donor’s property and affairs

The LPA can be limited in form to specific circumstances.

The government’s

Lynne Counsell
Lynne Counsell

Barrister, Addington Chambers

Lynne has been in traditional Chancery practice for some thirty years, specialising in probate matters, construction of wills and trusts and also financial services and drafting.

Lynne was for some years counsel for Tower Hamlets, representing them on landlord and tenant cases and counsel for Bedford Building Society representing it on mortgage cases.

Lynne has written or updated over fifty books, including writing the initial volume of Atkin’s Court Forms “Financial Services” and updating Halsbury’s Laws on Injunctions. Lynne was also co-author of two editions of “Insider Trading” and co-editor and one of the writers of “Chancery Practice and Procedure.”

Articles include “Marketing of Investments” for the Law Society Gazette and “The Doctrine of Mutual Wills” for the Trust Quarterly Review. Lynne won one of the few cases on mutual wills in the last fifty years – Charles v Fraser (2010).

Lynne has drafted the standard unit trust for the government of Nigeria, the rules and related documentation for various building societies and clubs, shareholder agreements, company takeovers compliance documentation for certain banks as well as wills and trusts.

Lynne was awarded the 2017 Corporate international Magazine Global Award – “Investment Contracts Barrister of the Year in England”.

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Jurisdiction(s):
United Kingdom
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Key definition:
Lasting power of attorney definition
What does Lasting power of attorney mean?

When a person is unable to make their own decisions regarding their welfare, money or property, a person can be appointed to make decisions on their behalf pursuant to a legal document called a Lasting Power of Attorney.

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