The LPA Donor is the person who creates the Lasting Power of Attorney. They are the individual giving legal authority to one or more attorneys to make decisions on their behalf if they lose mental capacity in the future.
The Donor must understand what an LPA is and what powers they are giving at the time the document is made.
Yes, if the Donor has used other names, such as previous surnames or alternative spellings, these should be included in the LPA.
Listing other names helps avoid delays or problems when the LPA is registered or used, especially when dealing with banks or other organisations.
An LPA Donor must be 18 years old or over at the time the LPA is created.
There is no upper age limit, as long as the Donor has mental capacity when they make the LPA.
A Donor can still make a Health and Welfare LPA even if they are bankrupt or subject to a Debt Relief Order.
However, restrictions apply to Property and Financial Affairs LPAs. Bankruptcy can affect who may act as an attorney and what financial powers are available. It is important to consider this carefully before creating the LPA.
Yes. An LPA Donor can live outside England and Wales and still create a valid LPA for use in England and Wales.
However, an LPA created under the laws of England and Wales may not automatically be recognised in other countries. Separate legal advice may be needed for international use.
Mental capacity means being able to understand, retain and weigh up information needed to make a decision, and to communicate that decision.
Capacity is decision specific and time specific. A person may have capacity to make some decisions but not others, or may have capacity at one time but not another.
The ability to make decisions is legally defined by the Mental Capacity Act of 2005. This Act sets out the Mental capacity is usually assessed by a medical professional, such as a GP, consultant or other qualified healthcare practitioner.
When creating an LPA, a certificate provider must confirm that the Donor understands the document and is not being pressured into making it. This helps protect the Donor and ensures the LPA is legally valid.
Yes. An LPA can still be created if the Donor owns property outside England and Wales.
That said, the LPA may not be accepted by foreign authorities or financial institutions. Additional local legal arrangements may be required for property held overseas.
If a donor regains mental capacity, they regain control over their decisions.
For a Property and Financial Affairs Lasting Power of Attorney, the donor can choose to take back decision making at any time while they have capacity. Attorneys must step back and only act if the donor asks them to or if the LPA states it can be used while capacity remains.
For a Health and Welfare Lasting Power of Attorney, attorneys can only act when the donor lacks capacity. If capacity returns, the attorney’s authority automatically pauses until it is needed again.
A donor can also choose to cancel the LPA entirely if they have mental capacity and no longer want it in place.
The Office of the Public Guardian, often called the OPG, oversees the use of Lasting Powers of Attorney to protect donors.
They register LPAs, investigate concerns about attorneys and have the power to request records or intervene if an attorney is not acting in the donor’s best interests. Anyone can raise a concern with the OPG if they believe a donor is being abused, pressured or financially exploited.
If serious issues are found, the OPG can apply to the Court of Protection to suspend or remove an attorney and put safeguards in place to protect the donor.