Lasting powers of attorney: acting under an LPA

This note explains the duties of attorneys acting under both health and welfare and property and financial affairs lasting powers of attorney.

Please note: The titles of the new prescribed forms to use when making a property and affairs LPA or a personal welfare LPA are "lasting power of attorney - property and financial affairs" and "lasting power of attorney - health and welfare " as a result of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2009 (SI 2009/1884). However, this practice note has retained the terms used in the Mental Capacity Act 2005 (that is property and affairs LPA and personal welfare LPA).

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