When can a lasting power of attorney be used?

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

It depends on what type of lasting power of attorney (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.

In 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 more information, see our practice notes on:

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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.

Have you got a practice question?

Call the Practice Advice Service on 020 7320 5675 or email practiceadvice@lawsociety.org.uk.

The Practice Advice Service is staffed Monday to Friday from 9am to 5pm.

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