Attorneys can make the following decisions under a Lasting Power of Attorney (LPA), subject to any contrary restrictions, conditions or guidance contained within the LPA:
- Buying or selling property;
- Opening, closing or operating any bank, building society or other account;
- Giving access to financial information; claiming, receiving and using (on donor’s behalf) all benefits, pensions, allowances and rebates;
- Receiving any income, inheritance or other entitlement on behalf of the donor;
- Dealing with the donor’s tax affairs;
- Paying the donor’s mortgage, rent and household expenses;
- Insuring, maintaining and repairing the donor’s property;
- Investing the donor’s savings;
- Making limited gifts on behalf of the donor;
- Paying for private medical care and residential care or nursing home fees;
- Applying for any entitlement to funding for NHS care, social care or adaptations;
- Using the donor’s money to buy a vehicle or any equipment or other help the donor needs; and
- Repaying interest and capital on any loan taken out by the donor.
The term ‘donor’ means the person who has made the LPA.
The duties and responsibilities of the attorneys are set out in the Mental Capacity Act 2005 and are explained in the Code of Practice. www. justice.gov.uk/downloads/protecting-thevulnerable/mca/mca-code-practice-0509. pdf
The following points are particularly important:
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