A quicker, safer and simpler way to create your Lasting Power of Attorney.
All LPA Donor questions
What is an LPA Donor for a Lasting Power of Attorney?
The LPA Donor is the person who makes the Lasting Power of Attorney.
They choose who can make decisions on their behalf if they lose mental capacity.
The donor stays in control while they have capacity. The LPA only allows attorneys to act when legally appropriate.
In England and Wales, the donor must create and sign the LPA themselves.
Does the LPA Donor need to list other names in the LPA?
Yes, if they have been known by other names.
The donor should include previous names, such as a maiden name or former legal name.
This helps banks and organisations verify identity and reduces delays during registration or use.
Being accurate at this stage prevents problems later.
How old does an LPA Donor need to be for a Lasting Power of Attorney?
An LPA Donor must be at least 18 years old.
They must also have mental capacity at the time they sign the LPA.
There is no upper age limit. Many people create an LPA later in life, but it can be made at any adult age.
Can the LPA Donor be bankrupt or subject to a Debt Relief Order?
Yes, a donor can still make a Lasting Power of Attorney if they are bankrupt or subject to a Debt Relief Order.
However, bankruptcy may affect who they choose as an attorney for a Property and Financial Affairs LPA.
If the donor’s situation is complex, it is important to ensure the LPA is drafted carefully.
Can an LPA Donor live outside England and Wales?
Yes.
A donor can live abroad and still create a Lasting Power of Attorney for use in England and Wales.
The key point is that the LPA relates to decisions governed by the law of England and Wales.
Practical arrangements for signing and witnessing may need careful planning if the donor is overseas.
What’s mental capacity?
Mental capacity means the ability to make a specific decision at the time it needs to be made.
Under the Mental Capacity Act 2005, a person must be able to:
- Understand the information relevant to the decision
- Retain that information
- Weigh up the information
- Communicate their decision
Capacity is decision specific. Someone may have capacity for simple decisions but not complex financial ones.
Who decides if the LPA Donor has mental capacity?
Capacity is assessed at the time a decision needs to be made.
For everyday decisions, professionals such as doctors or care teams may assess capacity.
When creating an LPA, the certificate provider confirms that the donor understands what they are signing and is not under pressure.
If there is a dispute, the Court of Protection can make a formal ruling.
Can an LPA Donor have property outside England and Wales?
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.
What happens if the donor recovers mental capacity?
If a donor regains capacity, they take back control of their decisions.
Attorneys cannot override a donor who has capacity.
An LPA does not remove independence. It only allows attorneys to act when the donor cannot make a specific decision themselves.
How does the Office of the Public Guardian protect vulnerable donors?
The Office of the Public Guardian, known as the OPG, registers LPAs in England and Wales.
They check that the document has been completed correctly and signed in the right order.
The OPG can investigate concerns about attorneys.
They can request financial records and, in serious cases, refer matters to the Court of Protection.
This oversight helps protect vulnerable donors from financial abuse or misuse of power.