Important Points About LPAs
• The person making the LPA (the Donor) must have mental capacity at the time of creation.
• The law does not allow LPAs to be created after capacity is lost, which can cause problems for families without one.
• LPAs are powerful legal documents, but there are safeguards to prevent abuse:
• Before registration, certain people (including the Donor) must be notified and can object if concerned.
• The Donor can add restrictions or guidance on how attorneys should act.
• A certificate provider (a professional or someone who has known the Donor for at least two years) must confirm the Donor understands the LPA.
Just like a will, an LPA can be updated or cancelled at any time, as long as the Donor still has capacity.
For help creating an LPA, contact your local IPW
Professional member near to you, just click here.
For more information, visit the Office of the Public Guardian. https://www.gov.uk/government/organisations/office-of-the-public-guardian
Scotland: Powers of Attorney (PoA)
In Scotland, PoAs are governed by the Adults with Incapacity (Scotland) Act 2000, which recognises that capacity can vary by decision. Adults (age 16+) are presumed capable unless proven otherwise.
There are three types of PoA:
• Continuing PoA – lets your attorney manage financial or property matters. These powers can begin immediately or only on loss of capacity, depending on your instructions.
• Welfare PoA – allows decisions about health and personal welfare, but only once capacity is lost.
• Combined PoA – includes both continuing and welfare powers in one document (the most common format).
All PoA documents in Scotland must be registered with the Office of the Public Guardian (Scotland) and signed by a solicitor or prescribed professional confirming the granter understands the nature and effect of the document. Visit the Office of the Public Guardian Scotland.Like LPAs in England & Wales, a Scottish PoA can be amended or cancelled if the person still has capacity.
For assistance with Powers of Attorney in Scotland, contact a local IPW member — click here.