Powers of attorney and advance decisions

Powers of attorney and advance decisions guidance:

Background The Mental Capacity Act 2005 (MCA 2005) and its accompanying Code of Practice (the Code) make provision in relation to advance decisions. There were a number...

Practice Note

What is an advance decision? An advance decision is a decision, made by someone who is over 18, refusing specified medical treatment in the future when the decision maker...

Practice Note

A business lasting power of attorney (BLPA) allows the donor to appoint an attorney to make decisions concerning their business interests either when they are unavailable...

Practice Note

Enduring powers of attorney Although it has not been possible to create an enduring power of attorney (EPA) since 1 October 2007 when the Enduring Powers of Attorney Act...

Practice Note

Lasting powers of attorney Lasting powers of attorney (LPAs) were created by the Mental Capacity Act 2005 (MCA 2005) and, apart from the fact that the donor must be over...

Practice Note

Choosing who to appoint as attorney is the most important part in the process of making a Lasting Power of Attorney (LPA), as the attorney will be the person making...

Practice Note

A lasting power of attorney (LPA) is a legal document that enables an individual (the ‘donor’) to appoint one or more people (known as ‘attorneys’ or 'donees') to make...

Practice Note

Brexit impact The UK has voted to leave the EU and is due to leave on exit day, as defined in section 20 of the European Union (Withdrawal) Act 2018. The...

Practice Note

Digital assets survive incapacity or death. Anyone who owns a digital device or has an online account should have a plan for dealing with that asset, whatever their age....

Practice Note

The creation of an enduring power of attorney (EPA) has not been possible since 1 October 2007 but there are many still in existence, either being used or available for...

Practice Note

Even though enduring powers of attorney (EPA) can no longer be created, they will be available for use and be subject to the law for some time yet. Equally, the actions...

Practice Note

The whole premise of an enduring power of attorney (EPA) is that, unlike an ordinary power, it can be used after the donor has ceased to have mental capacity. However, an...

Practice Note

There are only three ways to revoke an enduring power of attorney (EPA). These are: • automatic revocation • revocation by the donor • revocation by the court Automatic...

Practice Note

This Practice Note provides practical guidance on the proper execution of simple contracts and deeds by third party individuals or corporations (primarily companies...

Practice Note

A person who makes a lasting power of attorney (LPA) is commonly referred to as the 'donor', whereas a person on whose behalf the Court of Protection appoints a deputy is...

Practice Note

A person who makes a lasting power of attorney (LPA) is commonly referred to as the 'donor', whereas a person on whose behalf the Court of Protection appoints a deputy is...

Practice Note