Lasting Powers of Attorney
One of the changes introduced by the Mental Capacity Act 2005 is that from 1 October 2007 the Enduring Power of Attorney (EPA) has been replaced with a revised type of power called a Lasting Power of Attorney (LPA). However, EPAs made prior to 1 October will continue to be valid.
An LPA allows a donor to nominate one or more attorneys to make decisions should they lose the mental capacity to do so themselves. Unlike the EPA, an LPA will need to be registered with the Court of Protection before it may be used by the attorney(s). A person can make two types of LPA, one dealing with financial matters (as do EPAs) and one concerning personal welfare. A Personal Welfare LPA (PWLPA) can be used to set up an ‘advance directive’ regarding giving or refusing medical treatment in circumstances where the donor has lost the capacity to make such decisions themselves. The PWLPA is legally binding if it is valid and applicable to the treatment proposed. This new power has caused anxiety for some people, who worry that making a PWLPA might allow a relative to ‘pull the plug’ when they themselves might not wish that to happen.
There are considerable legal safeguards built into advance directives, which in any event will only apply when the person creating the directive no longer has mental capacity. Where there is genuine disagreement about the existence, validity or applicability of an advance decision, those providing care or treatment will be able to apply for a ruling from the Court of Protection.
An LPA allows a donor to nominate one or more attorneys to make decisions should they lose the mental capacity to do so themselves. Unlike the EPA, an LPA will need to be registered with the Court of Protection before it may be used by the attorney(s). A person can make two types of LPA, one dealing with financial matters (as do EPAs) and one concerning personal welfare. A Personal Welfare LPA (PWLPA) can be used to set up an ‘advance directive’ regarding giving or refusing medical treatment in circumstances where the donor has lost the capacity to make such decisions themselves. The PWLPA is legally binding if it is valid and applicable to the treatment proposed. This new power has caused anxiety for some people, who worry that making a PWLPA might allow a relative to ‘pull the plug’ when they themselves might not wish that to happen.
There are considerable legal safeguards built into advance directives, which in any event will only apply when the person creating the directive no longer has mental capacity. Where there is genuine disagreement about the existence, validity or applicability of an advance decision, those providing care or treatment will be able to apply for a ruling from the Court of Protection.
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.