Questions for the donor, what should the donor be asking when including preferences and instructions in their Lasting Power of Attorney (LPA)?  Giving an attorney the authority to make decisions on your behalf is an onerous position.  When you are...

This is the first of a two-part series, looking at stopping the attorney from abusing their powers. Read the second part here which looks at how the attorney can be helped if things go wrong. Who watches the watchmen? Who...

The pressure of overseeing someone else’s finance and health decisions can be huge.

In 2020, the Office of the Public Guardian made the digital service for using the LPA available. Until then, an Attorney faced the wearisome job of providing a paper copy of the legal document to every institution they dealt with....

According to a worrying report by Scottish Widows, fewer than 50% of couples have a POA. Although most adults understand the document's importance, 33 per cent don't know how it is used in practice. In addition, 24 per cent of...

The Office of the Public Guardian (OPG) says it currently has a 20 week delay for processing requests. It is apparently working hard to continue to deliver its services on time but, in the meantime, has some useful tools so...

In July 2021, the government published a public consultation entitled ‘Modernising Lasting Powers of Attorney’. The government then responded to the consultation in 2022, on digitising the Lasting Power of Attorney. Alex Chalke MP, the minister responsible for the consultation,...

In December 2022, the Ministry of Justice backed the Powers of Attorney Bill put forward as a Private Member's Bill by Stephen Metcalfe MP.  The Bill brings forward a proposal to allow the Lasting Power of Attorney to be made...

According to a survey by Canada Life, four out of five adults in the UK don't have a Power of Attorney and registrations have dropped by 26.5 per cent. With the Government set to modernise the Lasting Power of Attorney,...

When choosing your Power of Attorney, you may be thinking of the same person for both a Lasting Power of Attorney (LPA) for Health and Wellbeing and for Finance and Property. Or you can appoint more than one for both...

Granting Lasting Power of Attorney can be surprisingly easy. There are different types of Power of Attorney but the Lasting Power of Attorney is the most commonly used. Referred to as an LPA, it is a legal document which allows...

Many people understand that they need a Lasting Power of Attorney (LPA) for their personal affairs but not as many people understand that they may need one for their business affairs. It is wise to understand what you may need...

The Donor is the person who appoints someone to act under the Power of Attorney (POA). This article is a general guide for the Donor on how to choose the right attorney, how to revoke the attorney, setting up a...

This article is a general guide for the Court of Protection. The Court of Protection for England and Wales can be at the Royal Courts of Justice in London or at a county court. It was created under the Mental...

Mental Capacity Act 2005 (MCA) is designed to protect and empower people who may lack the mental capacity to make their own decisions about their care and treatment.  So, understanding the Mental Capacity Act 2005 and the 5 key principles...

In May 2022, Ministers set out plans for transforming and modernising the lasting power of attorney (LPA) system – making it quicker to use, easier to access and even more secure from fraud. Under the proposals, people will be able...

This is a general guide to the Office of the Public Guardian (OPG).  The OPG helps people in England and Wales to stay in control of decisions about their health and finance and make important decisions for others who cannot...

The Mental Capacity Act 2005 (MCA) covers people in England and Wales who lack the mental capacity to make their own decisions about their care and treatment. The Mental Capacity Act's five principles give guidance to the Attorney or any...

When the donor has lost mental capacity, they will no longer be able to appoint someone to be their attorney.  In this situation, one or more persons will need to be a court-appointed deputy appointed by the Court of Protection....

A Power of Attorney is a legal document that is given by the 'donor' to the attorney so the attorney can make decisions on their behalf.  The attorney can make decisions on the donor's behalf when the donor can't or...