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THE LASTING POWER OF ATTORNEY (LPA)

The LPA framework facilitates anticipatory decision making, allowing one to plan for the future and better manage the risks to our personal welfare and assets.

the lasting power of attorney Lawyer

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THE LASTING POWER OF ATTORNEY

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.tWhat is the LPA?

Under the Mental Capacity Act (MCA), individuals who wish to make advance plans for themselves can do so through a legal document known as the Lasting Power of Attorney (LPA). The LPA allows the donor to appoint a donee to act or make decisions on his behalf in matters relating to his personal welfare and/or property and finances.

The LPA framework facilitates anticipatory decision making, allowing one to plan for the future and better manage the risks to our personal welfare and assets.

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Donee vs Deputy.

Donee

An LPA is prospective. The donor has the option to select a trusted person (donee) to manage his property and personal affairs should he lose capacity in the future.

Deputy

Where an individual does not elect a donee under an LPA, applications can be made to the court to appoint a deputy to make decisions on an individuals behalf when he loses capacity.

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Statutory Provisions About the making of LPAs.

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Core Values of the MCA

  • Respect of Dignity of Individual

➔ With Mental Capacity ➔ Respect for autonomy

➔ Partial Mental Capacity ➔ Respect for residual abilities

➔Loss of Mental Capacity ➔ Decision should be made in the best interests of the individual

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5 Guiding Principles

  • The person making the LPA is presumed to have mental capacity unless proven otherwise.
  • All practicable steps must be taken to help the donor decide on his own
  • The person making the LPA cannot be presumed to lack mental capacity due to an unwise decision.
  • The decision must be made in the Donor’s best interests
  • The least restrictive and prejudicial course of action must be taken

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RELATED ARTICLES:

Benefits of making an LPA

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