LPAs—the attorney's duties and powers

Copyright © 2025 LexisNexis
Produced in partnership with Victoria Mahon de Palacios of Wedlake Bell
Practice notes

LPAs—the attorney's duties and powers

Copyright © 2025 LexisNexis

Produced in partnership with Victoria Mahon de Palacios of Wedlake Bell

Practice notes
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FORTHCOMING CHANGE: Further to the Government's response to the Ministry of Justice’s and office of the public guardian (OPG)’s consultation Modernising Lasting Powers of Attorney, the Powers of Attorney Bill received Royal Assent on 18 September 2023, becoming the Powers of Attorney Act 2023 (PAA 2023). When it comes into force, PAA 2023 will introduce changes to the Mental Capacity Act 2005 (MCA 2005) to create a more modern lasting power of attorney (LPA) service. The changes will include: (i) introducing regulations to allow those involved in making an LPA to select whether to sign the LPA digitally or on paper; (ii) removing the ability for attorneys to register an LPA so that only the donor will be permitted to register; (iii) introducing regulations governing identification verification requirements in relation to registration applications; (iv) providing for a single route for registration objections to the OPG and widening the group of people who can lodge an objection to include third parties and not just those named in the LPA; and (v) making the notification

Victoria Mahon de Palacios
Victoria Mahon de Palacios

Senior Associate, Wedlake Bell

Victoria Mahon de Palacios is a senior associate, who trained and qualified at Wedlake Bell LLP. Her practice includes all aspects of private client work. She has particular expertise in Court of Protection work regarding elderly clients and vulnerable beneficiaries. Victoria's general practice also includes advising on methods of mitigating inheritance tax and capital gains tax for both UK and non-UK domiciled individuals through lifetime gifts, onshore and offshore trusts and tax-efficient wills, together with advising on the administering of estates and trusts. Victoria also advises on the establishment of new charitable structures, charity mergers and variations to charitable trusts. She has been named one of the country's "Top 35 Under 35" private client advisers in Private Client Practitioner magazine for 2011, 2013 and 2014. Victoria is a member of the Society of Trusts and Estates Practitioners (STEP) and the STEP Mental Capacity Special Interest Group. Victoria writes a quarterly column for the Solicitor's Journal on wealth management and has contributed to publications such as the Law Society's PS Magazine regarding legal tests to assess mental capacity and Rothschild's Trust Review. She has also been quoted in numerous articles in the press, such as the Financial Times and the Telegraph, regarding probate matters and asset protection. Author of:

  • Choosing the LPA attorney
  • Misuse of EPAs and LPAs and its prevention
  • Lasting power of attorney registration objections
  • Lasting powers of attorney: the attorney's duties and powers
  • Lasting powers of attorney: revocation and disclaimer

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    Jurisdiction(s):
    United Kingdom
    Related legal acts:
    Key definition:
    Office of the Public Guardian definition
    What does Office of the Public Guardian mean?

    The holder of this office in Scotland is the official who supervises powers and orders related to adults with incapacity under the Adults with Incapacity (Scotland) Act 2000 asp 4 and related regulations.

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