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)...

Solicitor’s letter to GP requesting capacity assessment and report under MCA 2005 for Property and Financial Affairs LPA (England and Wales)

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Precedents

[ GP OR Doctor ]

Dear Dr [ insert doctor’s name ]

Client name
Client address
Client date of birth

I represent [ insert client’s name ] in arranging a Lasting Power of Attorney (LPA) concerning their financial decisions. An LPA is a formal document that enables an individual to nominate one or more people to take decisions on their behalf if they become unable to do so because of mental incapacity or other circumstances. I would be obliged if you could assist by preparing a report to confirm whether they possess the necessary mental capacity to sign an LPA for financial affairs...

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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 22/05/2026

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