Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Lasting power of attorney definition

What does Lasting power of attorney mean? A lasting power of attorney allows an adult (the donor) to appoint attorneys to decide on property and financial affairs and/or health and welfare if they lack capacity. In England and Wales it is created under the Mental Capacity Act 2005, must use the prescribed form with a certificate provider, and be registered with the Office of the Public Guardian. A property and financial affairs LPA can be used with the donor’s consent while they have capacity; a health and welfare LPA only when they lack capacity. Attorneys owe fiduciary duties; gifting is limited. In Scotland, equivalent appointments are continuing (property/financial)...

Property and financial affairs LPAs for local authority practitioners: capacity, care funding, safeguarding (including financial abuse), deputyship and Court of Protection (England and Wales)

Published by a LexisNexis Local Government expert

Practice notes

This Practice Note offers a high-level outline of a Lasting Power of Attorney (LPA) for property and financial affairs and why it matters to a Local authority practitioner. It looks at how LPAs affect the delivery of services and care to people who lack capacity; scenarios where no attorney is in place, where you might consider stepping into that capacity, and when an application to the Court of Protection could be required. It also explores additional responsibilities a local authority may owe to an incapacitated person. Finally, the Practice Note provides a synopsis of financial safeguards, including attention to financial abuse...

What is a property and financial affairs LPA?

This form of Power of attorney (LPAPFA) concerns the handling of an individual’s finances when they do not have the mental capacity to manage their own affairs. The donor (the person creating the power) may appoint one or more people (attorneys) to take those decisions on their behalf. An LPAPFA only takes effect once registered with the Office of the Public Guardian (OPG), which can be confirmed by a perforated stamp, subject to any restrictions set out in the document itself...

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Rebecca Roscoe , TEP

RJR Legal Ltd

Rebecca is the founder of RJR Legal ltd a niche private client practice based just outside Manchester. RJR Legal provides bespoke advice to a wide range of clients including a number of private family businesses. In addition to her role in private practice, Rebecca undertakes consultancy services to other firms supporting their private client practice. Finally, Rebecca lectures for the CLT international on the STEP Certificate in Trusts and Estates as well as the Advanced Certificate in Trust Administration. She also provides PSC courses for BPP and online public courses for MBL Seminars. ...

Rebecca Handcock

Field Court Chambers

Rebecca is regularly instructed by local authorities and persons lacking capacity (including through the Official Solicitor). Her cases often raise complex issues – including dealing with extreme hoarding cases, cases involving medical treatment, and cases involving contact with others including sexual contact.She is often instructed to deal with matters related to an individual’s deprivation of liberty, including challenges under section 21A of the Mental Capacity Act 2005. Rebecca also has a busy Inquest and Inquiries practice, including large long-term projects such as the Covid Inquiry, in respect of which Rebecca has been instructed since 2022.Rebecca has experience being instructed by central and local government in matters which cover varied and often high profile subject matter, regularly attracting media attention. In her Inquest work, Rebecca regularly takes instructions in respect of Inquests where the subject matter overlaps with other areas of her practice (e.g. the deaths of those with...

Web page updated on 21/05/2026

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