Q&As
Creating LPAs in England for Residents Abroad
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?
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:
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the donor’s personal welfare or specified matters concerning the donor’s personal welfare, and
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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
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