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  6. Can an LPA be used while the donor still has capacity?

Can an LPA be used while the donor still has capacity?

Can a registered lasting power of attorney (LPA) be used while the donor still has capacity?

It depends what type of LPA is being considered.

A registered property and financial affairs LPA can be used while the donor still has capacity unless it specifies that it cannot. By contrast, a health and welfare LPA can only be used when the donor no longer has capacity to make the particular decision affecting their health or personal welfare.

For further information, please see the Law Society's practice notes Lasting powers of attorney and Powers of attorney for banking and listen to the LPA podcast

 

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Disclaimer: While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

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