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)...

Court of Protection: LPA attorney loan with 2% compound interest

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Q&As

It is not clear whether the donor holds a Lasting Power of Attorney (LPA) for property and affairs (P&A), for health and welfare (H&W), or both. As attorneys have determined that the donor’s home should be sold (necessitating a P&A LPA) and that the donor should move into a care home (necessitating a H&W LPA), we proceed on the basis that both LPAs exist and have been registered. We also proceed on the basis that there is more than one attorney. Where Authority to act is several rather than joint, the lending attorney may opt out of any decision in which they have a conflict of interests. It is further assumed that:

the donor had adequate capacity to enter into the loan
the LPAs do not include specific instructions or preferences about when the donor’s home is to be sold and/or when they are to enter a care home (if present, the attorneys should take them into account)
the attorney who advanced the loan wishes to remain an attorney (disclaimer is not considered)...

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Emma Holland

Stewarts Law

Emma assists beneficiaries, trustees, and other fiduciaries with trust disputes both onshore and in numerous offshore jurisdictions. Emma also specialises in probate disputes, and disputes overseen by the Court of Protection. Emma has been recognised as a Next Generation Lawyer (Legal 500 2018) and as a Top 35 Under 35 private client practitioner (eprivateclient 2016). Notable examples of work include advising (often alongside foreign law counsel): - discretionary beneficiaries of Bermudian trusts holding a construction business on family corporate governance, applications for approval of restructuring proposals and contentious tax. A Public Trustee v Cooper hearing took place in 2017 (Re X,Y,Z Trusts [2017] Sc (Bda) III Civ). - a beneficiary opposed to a trustee's proposal to sell a key trust asset, involving a jurisdiction challenge in Jersey (Representation of G Trustees Limited [2017] JRC 162A) and a trustee removal application in Bermuda (In the Matter of the E Trust [2017] SC...

Web page updated on 27/05/2026

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