Lasting powers of attorney
11.—(1)  A lasting power of attorney is a power of attorney under which the donor (“P”) confers on the donee (or donees) authority to make decisions about all or any of the following:
(a)P’s personal welfare or specified matters concerning P’s personal welfare;
(b)P’s property and affairs or specified matters concerning P’s property and affairs,
when P no longer has capacity to make such decisions.
(2)  A lasting power of attorney is not created unless —
(a)section 12 is complied with;
(b)an instrument conferring authority of the kind mentioned in subsection (1) is made and registered in accordance with the First Schedule; and
(c)at the time when P executes the instrument, P has attained the age of 21 years and has capacity to execute it.
(3)  An instrument which —
(a)purports to create a lasting power of attorney; but
(b)does not comply with this section, section 12 or the First Schedule,
confers no authority.
(4)  The authority conferred by a lasting power of attorney is subject to —
(a)the provisions of this Act and, in particular, sections 3 (the principles) and 6 (best interests); and
(b)any conditions or restrictions specified in the instrument.
[UK MCA 2005, s. 9]
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Last updated 28 Dec 2024
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