LPA precedent instructions and preferences—Financial and Health and Care LPAs
LPA precedent instructions and preferences—Financial and Health and Care LPAs

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

  • LPA precedent instructions and preferences—Financial and Health and Care LPAs
  • Applicable law
  • Consultation
  • Dissolution or annulment of marriage or civil partnership
  • Conditional appointment of son or daughter in law as replacement attorney
  • Reappointment of original joint attorneys
  • Replacement attorneys—order of acting
  • Replacement attorneys—how they are to act

The precedents in this document are based on those found in Part I, Chapter 15 of Cretney and Lush on Lasting and Enduring Powers of Attorney.

This document contains precedents suitable for inclusion in either financial lasting powers of attorney (LPAs) or health and care LPAs. For precedent wording appropriate for financial LPAs, see: LPA precedent instructions and preferences—Financial LPAs. For precedent wording appropriate for health and care LPAs, see: LPA precedent instructions and preferences—Health and care LPAs.

Applicable law

‘The law of [territorial jurisdiction] shall be the law applicable to the existence, extent, modification or extinction of this Lasting Power of Attorney.’

Notes

The Mental Capacity Act 2005 (MCA 2005), Sch 3, para 13(1) provides that if the donor of an LPA is habitually resident in England and Wales at the time of granting the LPA, the law applicable to the existence, extent, modification or extinction of the LPA is the law of England and Wales, or, if he specifies in writing the law of a connected country for the purpose, that law. For the meaning of 'connected country' see MCA 2005, Sch 3, para 13(3).

This precedent should be inserted in the box at section 7 (instructions) or continuation sheet 2.

Consultation

‘In determining what is in my best interests, my attorney(s) must take into account the views of [name], if it is