Any solicitor intending to give advice about a lasting power of attorney (LPA) or act as an attorney under an LPA must be aware of the provisions in the Mental Capacity Act 2005 (MCA 2005) and the Mental Capacity Act 2005 Code of Practice (Code of Practice).
Solicitors should also be familiar with the relevant guidance produced by the Office of the Public Guardian (OPG).
The practice note provides an overview of LPAs and also covers the ongoing arrangements for enduring powers of attorney (EPA). It does not deal with situations with an international element, for example, using an LPA to sell a foreign property, or a non-UK individual who wishes to make an LPA.
This practice note is the Law Society’s view of good practice in this area, and is not legal advice. For more information see the legal status.