The following Private Client guidance note Produced in partnership with Victoria Mahon De Palacios of Wedlake Bell provides comprehensive and up to date legal information covering:
The duties of an attorney under a Lasting Power of Attorney (LPA) are set out in the Mental Capacity Act 2005 (MCA 2005) and under the general law of agency.
Under the MCA 2005, s 9(4), the attorney must:
act in accordance with the principles set out under the MCA 2005, s 1 and therefore:
assume that the donor has capacity to make their own decisions unless they establish that the donor cannot do so
not treat the donor as unable to make the decision in question unless all practicable steps to help the donor to do so have been taken without success—this can include, for example, ensuring that the donor has all the relevant information they need to make the decision, the use of simple language or visual aids to aid understanding and/or ensuring that the donor is at ease (eg in a familiar location or considers the decision at a certain time of day)
not treat the donor as unable to make the decision in question because the donor makes an unwise decision
make decisions and act in the donor's best interests when the donor is unable to make a decision
before making the decision in question or acting for the donor, consider whether they can make the decision or act in a way that
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