The following Private Client guidance note provides comprehensive and up to date legal information covering:
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 precedent wording suitable for inclusion in health and care lasting powers of attorney (LPAs). For precedent wording appropriate for financial LPAs, see: LPA precedent instructions and preferences—Financial LPAs. For precedent wording suitable for inclusion in either financial or health and care LPAs, see: LPA precedent instructions and preferences—Financial and Health and Care LPAs.
‘My attorneys must act jointly in respect of decisions relating to:
where I live
whether I should have surgical treatment
whether I should receive life-sustaining treatment
My attorneys may act jointly and severally in respect of all other decisions.’
Section 10(4) of the Mental Capacity Act 2005 (MCA 2005) provides that an instrument appointing more than one attorney may appoint them to act (a) jointly, (b) jointly and severally, or (c) jointly in respect of some decisions and jointly and severally in respect of others.
The precedent should be inserted in the box at section 7 (instructions) or on continuation sheet 2.
‘My attorneys may act jointly and severally save with regard to any decision as to the
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