Lasting powers of attorney
9.—(1) A lasting power of attorney is a power of attorney under which the donor ("P") confers on the donee (or donees) authority to make decisions about all or any of the following-
- (a) P's personal welfare or specified matters concerning P's personal welfare, and
- (b) P's property and affairs or specified matters concerning P's property and affairs,
and which includes authority to make such decisions in circumstances where P no longer has capacity.
(2) A lasting power of attorney is not created unless-
- (a) section 10 is complied with,
- (b) an instrument conferring authority of the kind mentioned in subsection (1) is made and registered in accordance with Schedule 1, and
- (c) at the time when P executes the instrument, P has reached 18 and has capacity to execute it.
(3) An instrument which-
- (a) purports to create a lasting power of attorney, but
- (b) does not comply with this section, section 10 or Schedule 1,
confers no authority.
(4) The authority conferred by a lasting power of attorney is subject to-
- (a) the provisions of this Act and, in particular, sections 1 (the principles) and 4 (best interests), and
- (b) any conditions or restrictions specified in the instrument.
The Mental Capacity Act 2005 has been fully in force since 1 October 2007. For details of proposed amendments, see Mental Health Act 2007.