A Lasting Power of Attorney is a formal arrangement under the Mental Capacity Act 2005, where a person “the donor” gives to another person “the donee” authority to act or make decisions in his or her name in circumstances where the donor no longer has capacity to make decisions.

This authority can relate to:

• Personal welfare or specified matters concerning the donor’s personal welfare. This power can also extend (if specifically authorised) to the power to agree or refuse life-sustaining treatment on behalf of the donor.
• Property and Affairs – the authority to make decisions about the donor’s property and affairs or specified matters concerning the donors’ property and affairs.

A Lasting Power of Attorney can be made by anyone aged 18 and above, who have capacity to do so.

A LPA must be made in advance and only become effective once registered with the Office of the Public Guardian, which forms part of the Court of Protection and upon the donor becoming incapacitated.

The Code of Practice to the Mental Capacity Act gives very helpful guidance to anyone (families, carers, professionals) about how to make lasting powers of attorneys.

For a consultation with one of our Mental Health Team please call us on 020 7426 0400 or email us on office@milesandpartners.com.