Lasting Power of Attorney

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.

External links

Gov.uk

• Ministry of Justice, 'Lasting powers of attorney applications to be made simpler and easier' (press release, 21/8/14)

• Ministry of Justice, 'New online application service for Lasting Powers of Attorney (LPA)' (press release, 2/7/13)

• Gov.uk: Make, register or end a lasting power of attorney

OPG

• OPG section of MOJ website

• OPG - forms

• MoJ press release 15/7/09: A simpler way to protect your future: redesigned 'Lasting Power of Attorney' forms

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.' (older version available here).

• Law Society, 'Practice Note: Powers of attorney for banking' (19/1/10) (Internet Archive link). '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.'

• Law Society, 'In conversation with... Craig Ward' (podcast, 10/7/17) . This podcast is about "business LPAs".

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.

• The Times: Ministers bow to pressure over 'power of attorney' (£) - 24/10/08

• 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.

• Catherine Fairbairn, 'Powers of attorney and decision-making for another person' (House of Commons Library Briefing Paper number 03898, 4/11/15) . This paper discusses powers of attorney (ordinary, enduring and lasting), the Court of Protection (decisions and deputies) and social security appointees.

• Hull Daily Mail, 'Siblings Timothy Baumber and Tessa Quelch conned elderly mum out of £58k' (6/5/17) (Internet Archive link)

INFORMATION

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• Courts
• Forms
• General information pages
• Glossary pages
  • Glossary
  • Key sources of information
  • Other glossary pages
    • Adult Social Care
    • Advance decision
    • Application of MHA 1983 to Armed Forces
    • Barring order
    • Brief glossary
    • British National Formulary
    • Care Programme Approach
    • Compulsory treatment
    • Displacement proceedings
    • Enduring Power of Attorney
    • Extra-statutory recommendations
    • Guardianship
    • High secure hospital
    • Home Office Circulars
    • IPP
    • Judicial review
    • Judicial review pre-action protocol
    • Lasting Power of Attorney
    • Learning disability
    • Mental disorder
    • Part 36
    • Prison law
    • Recall
    • Recommendations
    • Responsible authority
    • Sexual Harm Prevention Order
  • Professionals
  • Types of detention
  • Types of discharge
  • Types of patient
• Legislation overviews
• Organisations
• Statistics

ELSEWHERE

• Other jurisdictions
  • Northern Ireland
    • Mental health law in Northern Ireland
    • Review Tribunal (Northern Ireland)
  • Scotland
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  • Southern Ireland
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  • Wales
    • Mental health law in Wales
    • Welsh Assembly emails archive (2010-2012)
• International law
  • The ECHR and mental health law
  • The CRPD and mental health law

• Other jurisdictions
• International law

HISTORICAL

• Coronavirus
  • Coronavirus resources
  • Mental Health Tribunal and coronavirus
  • MHRT for Wales and coronavirus
  • MHT for Scotland and coronavirus
  • Court of Protection and coronavirus
  • Remote assessments and coronavirus
  • Legal Aid and coronavirus
  • Mental capacity and coronavirus
• Changes made by MHA 2007
  • 16- or 17-year-old with capacity cannot be detained on basis of parental consent
  • Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)
  • Additional safeguards for ECT introduced in new s58A
  • Appropriate treatment test replaces treatability test and applies to all patients under long-term detention
  • Approved Mental Health Professional replaces Approved Social Worker
  • Automatic reference scheme under s68 changed
  • Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005
  • Civil partners are treated as if married when determining nearest relative
  • Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT
  • Domestic Violence Crime and Victims Act 2004 applies to unrestricted criminal patients
  • Fundamental principles set out in Act and included in Code of Practice
  • Higher penalties for offences under Act
  • Hospital direction patients can no longer apply to Tribunal during first six months
  • Hospital directions under s45A apply to any mental disorder
  • Legal status of Code of Practice set out in Act
  • Limitation to the exceptions to the duty to instruct IMCA
  • Mental disorder no longer split into separate classifications
  • Minor drafting error in MCA 2005 corrected
  • New cross-border arrangements for leave and transfer
  • New definition of medical treatment
  • New Independent Mental Health Advocate scheme
  • New procedure for renewal of detention
  • New regulations on conflicts of interest
  • New requirements for age-appropriate accommodation for children
  • NHS Foundation Trusts discharge power problem remedied
  • Organisation of Mental Health Review Tribunal changed
  • Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability
  • Patients can be transferred between places of safety under s135 and s136
  • Procedure for making of instruments by Welsh Ministers set out
  • Reference to Local Health Boards inserted into Act
  • Responsible Clinician/Approved Clinician replaces Responsible Medical Officer
  • Restriction orders can no longer be time-limited
  • SOAD certificate becomes invalid when patient loses or gains capacity
  • Some exclusions to definition of mental disorder have been removed
  • Supervised Community Treatment replaces Supervised Discharge
  • Transitional provisions until full implementation of MHA 2007
  • Treatment while under SCT is covered by new Part 4A

• Coronavirus
• Changes made by MHA 2007

What links here:

• Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2009