C2Part 1Persons who lack capacity

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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.