Lasting powers of attorney

Lasting powers of attorney guidance:

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

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

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

Hague Convention XXXV on the International Protection of Vulnerable Adults The Convention was not intended to address all capacity issues, only those concerned with the...

Practice Note

Hague Convention XXXV on the International Protection of Vulnerable Adults The Convention was not intended to address all capacity issues, only those...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

This Practice Note explains the role of certificate providers and people to notify in the making and registration of lasting powers of attorney (LPAs). For an...

Practice Note

A Lasting Power of Attorney (LPA) is not effective until it has been registered with the Office of the Public Guardian (OPG). Upon receipt of an application to register...

Practice Note

Unlike the old enduring powers of attorney (EPAs), a lasting power of attorney (LPA) cannot be effective until it has been registered with the Office of the Public...

Practice Note

A Lasting Power of Attorney (LPA) can be brought to an end in one of the following ways: • revocation by the donor • disclaimer by the attorney • revocation by operation...

Practice Note

Duties 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. MCA...

Practice Note

Enduring powers of attorney (EPAs) and lasting powers of attorney (LPAs) enable a person's affairs to be managed in the event that they lack capacity to personally manage...

Practice Note

Every month the Office of the Public Guardian (OPG) receives applications for registration of lasting powers of attorney (LPAs) where they have to 'sever' restrictions...

Practice Note