There are over 2 million people in England and Wales who lack mental capacity to
make their own decisions and this includes those suffering from dementia, stroke
and head injuries, or people that have learning disabilities or other mental health
Section 9 (1) of the Mental Capacity Act 2005 provides that a lasting Power of Attorney
is a power under which the Donor confers on the Donee authority to make decisions
about all or any of the following.
- The Donor’s personal welfare or specified matters concerning his personal welfare.
- The Donor’s property and affairs or specified matters concerning their property
This includes authority to make such decisions in circumstances where the Donor no
longer has capacity.
This means that there are now two types of lasting Power of Attorney (LPA) that a
Donor can create, these are known as.
- personal welfare lasting Power of Attorney
- Property and affairs Power of Attorney.
Lasting Powers of Attorney cannot take effect until they have been validly registered.
To create a valid lasting Power of Attorney
- The Donee or Donees must not be disqualified from acts as attorneys
- The instrument must be executed in accordance with the provisions.
- The lasting Power of Attorney must be registered.