Part 1Persons who lack capacity
Lasting powers of attorney
C19Lasting powers of attorney
1
A lasting power of attorney is a power of attorney under which the donor (“P”) confers on the donee (or donees) authority to make decisions about all or any of the following—
a
P's personal welfare or specified matters concerning P's personal welfare, and
b
P's property and affairs or specified matters concerning P's property and affairs,
and which includes authority to make such decisions in circumstances where P no longer has capacity.
2
A lasting power of attorney is not created unless—
a
section 10 is complied with,
b
an instrument conferring authority of the kind mentioned in subsection (1) is made and registered in accordance with Schedule 1, and
c
at the time when P executes the instrument, P has reached 18 and has capacity to execute it.
3
An instrument which—
a
purports to create a lasting power of attorney, but
b
does not comply with this section, section 10 or Schedule 1,
confers no authority.
4
The authority conferred by a lasting power of attorney is subject to—
a
the provisions of this Act and, in particular, sections 1 (the principles) and 4 (best interests), and
b
any conditions or restrictions specified in the instrument.