Chapter 6. Lasting Powers of Attorney

  1. Bridgit Dimond

Published Online: 15 APR 2008

DOI: 10.1002/9780470697665.ch6

Legal Aspects of Mental Capacity

Legal Aspects of Mental Capacity

How to Cite

Dimond, B. (2008) Lasting Powers of Attorney, in Legal Aspects of Mental Capacity, Blackwell Publishing Ltd, Oxford, UK. doi: 10.1002/9780470697665.ch6

Author Information

  1. Emeritus Professor, University of Glamorgan, Wales, UK

Publication History

  1. Published Online: 15 APR 2008
  2. Published Print: 1 JAN 2008

ISBN Information

Print ISBN: 9781405133593

Online ISBN: 9780470697665



  • attorney;
  • mental capacity;
  • enduring power of attorney (EPA);
  • mental capacity act;
  • finance decisions


This chapter contains section titled:

  • Introduction

  • What about existing EPAs?

  • What is a lasting power of attorney?

  • Consultation on LPAs

  • Forms to be used

  • Who can make LPAs?

  • How would capacity be defined?

  • How are they drawn up?

  • What could it cover?

  • Who could the donee be?

  • Trust corporation

  • What if the donee did not know of the appointment?

  • What if the donee changes his or her mind?

  • What conditions are required for a valid LPA?

  • The donor must have the requisite mental capacity to sign the LPA

  • Can more than one donee be appointed?

  • What happens if there are several donees who disagree?

  • What formalities must be followed?

  • Limitations on an LPA

  • Restraint of P

  • Decisions on personal welfare

  • What is the role of the LPA in advance decisions which relate to life and death issues?

  • LPA and advance decision

  • What is the significance if a patient in hospital has drawn up an LPA?

  • What is the significance for care homes if a resident has drawn up an LPA?

  • LPA and the best interests of the patient

  • Gifts

  • How does the donee know when the LPA comes into effect?

  • What principles must be followed by the donee in what circumstances can a donee act contrary to the best interests of the donor? in making decisions?

  • How would action to control a donee commence and be followed through?

  • Who would represent P in checking up on the actions of the donee?

  • Duties of donee or attorney

  • What happens if the donor changes his mind about setting up an LPA?

  • How long does an LPA last?

  • How can an LPA be changed?

  • Revocation of lasting powers of attorney

  • Bankruptcy

  • What happens if the donee is fraudulent?

  • What happens if the donee does not carry out what the donor would have wished?

  • Protection of donee and others if no power is created or power revoked

  • Powers of the Court of Protection in relation to the validity of lasting powers of attorney (Sections 22 and 23)

  • Powers of the Court of Protection in relation to the operation of lasting powers of attorney

  • Application to the Court of Protection

  • Registration

  • Objections to registration

  • What do the registration provisions mean?

  • Execution of the instrument

  • Schedule 1 Part 2 of the MCA registration provisions

  • Schedule 1 Part 3 of the MCA: cancellation of registration and notification of severance

  • Schedule 1 Part 4 of the MCA: records of alterations in registered powers

  • Non-Registration

  • Fees in respect of the LPA and Court of Protection

  • Conclusions

  • References