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Lasting Power of Attorney

From Mental Health Law Online

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A power of attorney is a document which allows another person (the attorney) to make decisions on your behalf in certain circumstances. The Lasting Power of Attorney (LPA) was introduced by the Mental Capacity Act 2005. The main difference between it and the old Enduring Power of Attorney is that an LPA can cover welfare decisions, in addition to decisions relating to property and affairs.

Forms and guidance

The new, redesigned, LPA forms are to be used from 1/10/09. They are available on the OPG website (see below).

'The Office of the Public Guardian has published revised forms for applying to register an enduring or lasting power of attorney to reflect recent fee changes and website updates. The LPA guidance has also been amended to clarify who can act as a certificate provider.' (Source: Law Society update email 6/10/11)

External links

Gov.uk:

OPG:

Law Society:

Other:

  • Hansard HL, 18 October 2011, col WS14. Since the implementation of the MCA 2005, the Office of the Public Guardian carried out insolvency checks on potential LPA donees; to save money, this practice has ceased.

Related book

Denzil Lush, Cretney and Lush on Lasting and Enduring Powers of Attorney (7th edn, Jordans 2013)