LPA certificate provider responsibilities
According to government guidance, an LPA certificate provider is an impartial person who confirms that the person completing the LPA understands what they are doing…
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Lasting Power of Attorney (LPA)
Loss of Mental Capacity: A Global Perspective
STEP is a global professional body comprising lawyers, accountants and other professionals who help families plan for the future. It has recently published a research…
Case study: LPA in practice
In a recent blog we explored the decision-specific nature of the Mental Capacity Act (2005) in practice. In today’s blog, we will explore how this applies to Lasting Power of Attorney (LPA).
What is an appointee?
An appointee is someone who has been appointed to act on behalf of a person claiming benefits who cannot manage independently due to being ‘mentally incapable or severely impaired’.
Powers of Attorney Act 2023
As of 18th September 2023, the Powers of Attorney Act has become law for England and Wales, providing a greater legislative framework and direction around Lasting Powers of Attorney and related matters.
What information is needed for a mental capacity assessment?
There are a number of details that need to be established before a mental capacity assessment is carried out. Without this information, the test may not be valid, and the outcome may be challenged at a later date.
Adults with Incapacity Act (Scotland): Part 3
In the final part of our series on the Adults with Incapacity Act for Scotland (AWI), we look at important issues relating to power of attorney (PoA), guardianship, intervention orders and monitoring bodies.
Understanding the difference between LPA and Deputy
A Lasting Power of Attorney (LPA) is a trusted person (or persons) assigned to make decisions on behalf of someone who lacks capacity to make decisions for themselves. Crucially, LPAs are assigned by an individual while they still have capacity, as a means of preserving their wishes should they become unable to make decisions for themselves at some point in the future.
What is an Independent Mental Capacity Advocate (IMCA)?
An Independent Mental Capacity Advocate (IMCA) is a statutory role under the Mental Capacity Act (2005) that supports a person who lacks capacity to express their wishes around a particular decision.
How to apply for Lasting Power of Attorney (LPA)
Lasting Power of Attorney (LPA) enables a person to make the advanced decision to assign a person (or persons) to help make decisions, or to make decisions on their behalf if unable to in the future. This role is set out in the Mental Capacity Act and provides greater legal rights than the position of Next of Kin.