Lasting Power of Attorney (LPA)

An LPA is a new statutory form of power of attorney created by the Mental Capacity Act (MCA). Anyone who has the capacity to do so may choose a person (an ‘attorney’) to take decisions on their behalf if they subsequently lose capacity.

There are 2 types of LPA:

1. a personal welfare LPA is for decisions about both health and personal welfare
2. a property and affairs LPA is for decisions about financial matters.

Before an LPA can be used it must be in a prescribed form and registered with the Office of the Public Guardian (OPG) see the following link for more information.

The welfare LPA has the authority to make decisions on behalf of the person appointing the LPA only when that person lacks the capacity to make decisions for him/herself.

The welfare LPA has a duty to act in the best interests of the person who has made the LPA.

If the decision is about life-sustaining treatment, the attorney will only have the authority to make the decision if the LPA specifies this.