Lasting Power of Attorney Definition

GLOSSARY

/ˈlɑːstɪŋ/ ˈpaʊə/ /ɒv,(ə)v/ /əˈtəːni/

Published by a ��Ӱ�� Private Client expert

What does Lasting Power of Attorney mean?

A legal document that enables an individual (the donor) to appoint one or more people (attorneys or donees) to make decisions on their behalf in respect of either their property and financial affairs or health and welfare.

The attorneys’ powers under a registered LPA continue after the incapacity of the donor.

Private Client and Trusts

When a person is unable to make their own decisions regarding their welfare, money or property, a person can be appointed to make decisions on their behalf pursuant to a legal document called a Lasting Power of Attorney.

Created under the Mental Capacity Act 2005, detailed guidance relating to such legal documents is provided by a Code of Practice to the Act. A Lasting Power of Attorney cannot be used until it is registered with the Office of the Public Guardian.

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When instructed to act on a sale by an attorney under a registered lasting power of attorney, does a solicitor have to take steps to check either that the donor does not have capacity or, if the donor has capacity, that they are happy for the solicitor to deal with the attorney in connection with the sale?

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