Lasting Power of Attorney

One of the changes introduced by the
Mental Capacity Act 2005 is that from
the 1st October 2007, the Enduring Power
of Attorney (EPA) has been replaced with a
revised type of power called the Lasting
power of Attorney (LPA).  However, EPA’s
made prior to 1st October 2007 will continue to be valid

An LPA allows a donor to nominate one or more attorneys to make decisions should they lose their 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 EPA’s) and one concerning personal welfare.  A Personal Welfare LPA (PWLPA) can be used to set up an ‘advanced 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 beinding 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.

No matter what the LWLPA states, the final decision regarding any treatment given will rest with the responsible clinician.  The PWLPA cannot compel treatment to be given which is contrary to medical advice.

There are considerable legal safeguards built into advanced 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 advanced decision, those providing care or treatment will be able to apply for a ruling from the Court of Protection.

For more information contact us

CONTACT

Clive S Marquis-Carr: Solicitor                       csmc@rrfsolicitors.com
01253 621432 Blackpool Office

For other contact methods please visit our contact page.