Lasting Power of Attorney: Difference between revisions

(New page: A power of attorney is a document which allows another person (the donor) to make decisions on your behalf in certain circumstances. The Lasting Power of Attorney (LPA) was introduced by t...)
 
 
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A power of attorney is a document which allows another person (the donor) 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.
{{Information-header}}
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.


==Resources==
==External links==


Office of the Public Guardian:
===Gov.uk===
*{{link|https://www.gov.uk/government/news/lasting-powers-of-attorney-applications-to-be-made-simpler-and-easier|Ministry of Justice, 'Lasting powers of attorney applications to be made simpler and easier' (press release, 21/8/14)|s}}


*[http://www.publicguardian.gov.uk/arrangements/lpa.htm What is a Lasting Power of Attorney?]
*[https://www.gov.uk/government/news/new-online-application-service-for-lasting-powers-of-attorney-lpa Ministry of Justice, 'New online application service for Lasting Powers of Attorney (LPA)' (press release, 2/7/13)]


*[http://www.publicguardian.gov.uk/arrangements/property-affairs-lpa.htm Property and affairs LPA]
*[https://www.gov.uk/power-of-attorney/make-lasting-power Gov.uk: Make, register or end a lasting power of attorney]


*[http://www.publicguardian.gov.uk/arrangements/how-to-lpa.htm How to make a lasting power of attorney]
===OPG===
*[https://www.gov.uk/government/organisations/office-of-the-public-guardian OPG section of MOJ website]


*[http://www.publicguardian.gov.uk/arrangements/how-to-register-lpa.htm How to register an LPA]
*[https://www.gov.uk/government/collections/lasting-power-of-attorney-forms OPG - forms]


*[http://www.publicguardian.gov.uk/forms/Making-an-LPA.htm Forms and booklets: Making a Lasting Power of Attorney]
*[https://webarchive.nationalarchives.gov.uk/ukgwa/20110204171833/http://www.justice.gov.uk/news/newsrelease150709b.htm MoJ press release 15/7/09: A simpler way to protect your future: redesigned 'Lasting Power of Attorney' forms]


*[http://www.publicguardian.gov.uk/forms/registering-lpa-epa.htm Forms and booklets: Registering a Lasting or Enduring Power of Attorney]
===Law Society===
*[[Media:Lasting powers attorney pn06102011.pdf|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 [[:File:Lasting powers attorney pn06102011.pdf|here]]).


Other:
*[https://web.archive.org/web/20120728030326/https://www.lawsociety.org.uk/productsandservices/practicenotes/powersattorneybanking/4286.article 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.'


* [http://www.dca.gov.uk/menincap/legis.htm#lpa Regulations and Guidance] (DCA website)
*{{link|http://www.lawsociety.org.uk/podcast/in-conversation-with-craig-ward/|Law Society, 'In conversation with... Craig Ward' (podcast, 10/7/17)|s}}. This podcast is about "business LPAs".


* [http://www.lawsociety.org.uk/productsandservices/practicenotes/lpa.page Law Society LPA practice note] - "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."
===Other===
*{{pagesummary|Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2009}}


{{stub}}
*[https://www.thetimes.co.uk/article/ministers-bow-to-pressure-over-power-of-attorney-7vl9w0fhvr5 The Times: Ministers bow to pressure over 'power of attorney'] (£) - 24/10/08


[[Category:Mental Capacity Act 2005 provisions]]
*[http://www.publications.parliament.uk/pa/ld201011/ldhansrd/text/111018-wms0001.htm 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.
 
*{{link|http://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN03898|Catherine Fairbairn, 'Powers of attorney and decision-making for another person' (House of Commons Library Briefing Paper number 03898, 4/11/15)|s}}. This paper discusses powers of attorney (ordinary, enduring and lasting), the Court of Protection (decisions and deputies) and social security appointees.
 
*{{link|https://web.archive.org/web/20170506090311/https://www.hulldailymail.co.uk/siblings-timothy-baumber-and-tessa-quelch-conned-elderly-mum-out-of-58k/story-30315382-detail/story.html|Hull Daily Mail, 'Siblings Timothy Baumber and Tessa Quelch conned elderly mum out of £58k' (6/5/17)|s}} (Internet Archive link)
 
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Latest revision as of 21:02, 27 February 2022

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

OPG

Law Society

Other

  • 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.

INFORMATION




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