Attorney
Advance Decisions are now available for free through our partner charity, Compassion in Dying.
This section answers frequently asked questions about the Mental Capacity Act and Lasting Powers of Attorney.
What is the Mental Capacity Act (MCA)?
The MCA is (relatively) new Government legislation which provides a statutory framework to empower and protect vulnerable people who are not able to make their own decisions.
It achieves this, in part, by enabling people to plan ahead for a time when they may lose capacity. The aspects which involve planning ahead, namely advance decisions and Lasting Powers of Attorney, came into force on 1st October 2007.
What are Lasting Powers of Attorney (LPAs)?
The Lasting Power of Attorney is a legal tool created by the MCA. An LPA is a legal document which would give a certain individual or individuals, e.g. a relative or friend, the power to make decisions on your behalf, should you lose capacity. The person making the LPA is the 'donor' and the person named in your LPA becomes your attorney.
There are two types of LPA: Finance and Property LPAs and Personal Welfare LPAs. These can be the same person but two applications must be made. The LPA is then given authority to make certain decisions on behalf of the donor; the donor can specify which decisions the attorney can make, including the power to give or refuse consent to life-sustaining medical treatments on your behalf.
The attorney must be over 18 years of age and must have capacity themselves. The attorney is obliged to act in best interest of the donor taking into consideration the donor?s past wishes and feelings, beliefs and values.
You can opt to have a single attorney or joint attorneys who can act at any point whilst they still have capacity.
How do I make an LPA?
Applications for LPAs must be made to the Office of the Public Guardian. You can contact the Office of the Public Guardian at:
Archway Tower
2 Junction Road
London
N19 5SZ
Tel: 0845 330 2900
Fax: 020 7664 7705
Email: custserv@guardianship.gsi.gov.uk
http://www.publicguardian.gov.uk/
The Office of the Public Guardian's role is to create LPAs and to ensure the attorneys are not abusing their role.
How much does it cost to make an LPA?
It costs £120 per person per application. So if you wanted to appoint one person to be your attorney for both health and welfare, and financial affairs, it would cost £240. If you wanted to appoint two people jointly to be your health and welfare attorneys it would cost £240.
The cost of creating an LPA is decided by the Office of the Public Guardian.
What happens if I lose capacity and don't have any friends or family?
Independent Mental Capacity Advocates (IMCAs) will be provided for people who lack capacity and have no friends or family. IMCAs will try to act in the best interest of the individual based on past and present wishes and feelings, beliefs and values.
What is the relationship between LPAs and Enduring Powers of Attorney (EPAs)?
LPAs can be created from 1st October 2007 and will replace existing EPAs. Existing EPAs will remain valid but new ones will not be able to be created.
Will my LPA be able to make decisions while I still have capacity?
The LPA regarding health (personal welfare) will only be consulted on health decisions when the donor has lost capacity and in the situations stipulated. In contrast, LPAs dealing with finance and property will be effective as soon as the application is processed, unless stated otherwise in the form.
What happens if I have an LPA and an Advance Decision?
In general, an attorney will not have the power to give consent to treatment that is specifically refused in an Advance Decision.
However, if the LPA is created after the Advance Decision, and specifically gives the attorney the power to give or refuse consent to the life-sustaining treatment in question, the LPA takes precedence and the Advance Decision becomes invalid.
More questions?
If you have any further questions on the Mental capacity Act, Lasting Powers of Attorney or the Compassion in Dying Advance Decision, please contact us by e-mail at info@compassionindying.org.uk or call on 020 7479 7731, or write to us at Compassion in Dying, 181 Oxford Street, London, W1D 2JT.

























