From Mental Health Law Online
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
OPG:
Law Society:
- Law Society, 'Lasting powers of attorney: Practice note' (updated 8/12/11). 'The Law Society has produced a practice note to assist solicitors in advising clients wishing to draw up an LPA, as well as solicitors who are acting as an attorney under an LPA. The practice note also covers ongoing arrangements for Enduring Powers of Attorney.'
- Law Society, 'Practice Note: Powers of attorney for banking' (19/1/10). 'This practice note is for solicitors who have been appointed as an attorney under an Ordinary Power of Attorney, Enduring Power of Attorney or a Lasting Power of Attorney and are authorised to manage a donor's financial affairs.'
Other:
- Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2009 — These Regulations contain redesigned LPA forms. In force 1/10/09.
- 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.
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