A client recently contacted me to say that her mother needed a power of attorney. After asking some questions it became clear that it would not be possible for a power of attorney to be prepared on this occasion because mother had advanced dementia so was...
Glossary for Powers of Attorney
A person who is appointed by a Donor in a Power of Attorney to make decisions for the Donor in certain circumstances.
In an LPA the Certificate Provider confirms that the Donor understands the nature and effect of the LPA.
The person who makes the Power of Attorney
Enduring Power of Attorney (EPA)
A Power of Attorney which could be made before 1st October 2007 appointing someone to make property and financial affairs decisions for you.
A requirement given by a Donor to an Attorney in an LPA. This is binding.
Lasting Power of Attorney (LPA)
A Power of Attorney which could be prepared from 1st October 2007 onwards appointing someone who can make decisions for you. There are two types, one for Property & Financial Affairs and one for Health & Welfare issues.
Mental Capacity Act
Mental Capacity Act 2005 makes provision for those lacking mental capacity.
Office of the Public Guardian. Responsible for overseeing and registering Powers of Attorney.
A wish or guidance given by a Donor to an Attorney in an LPA. This is non-binding.
All LPAs must be registered at the OPG before they can be used by an Attorney. An EPA must be registered at the OPG if the Donor has become or is becoming mentally incapable of making their own property and financial affairs decisions.
A Replacement Attorney is a person who acts as a backup in case one of the original Attorneys can’t make decisions for the Donor any more.