This document discusses powers of attorney and the Mental Capacity Act 2005. It outlines different types of powers of attorney like general, enduring, and lasting powers of attorney. It explains the Mental Capacity Act, who needs to comply, the presumption of capacity, and core principles. Advance decisions to refuse life-sustaining treatment are also covered. Assessment of capacity and implications if someone lacks capacity to make decisions are summarized. Contact details are provided at the end.

1. Powers of Attorney
and the Mental
Capacity Act 2005

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5. Powers of Attorney
Types of Powers
• General Power of
Attorney
• Enduring Power of
Attorney
• Lasting Power of
Attorney

6. Mental Capacity Act 2005
• A product of a major review of the
law
• Who needs to comply with the Act?
• The presumption of capacity
• 5 Core Principles
• What decisions are covered by the
Act?
• Supported by the Code of Practice

7. General Powers of
Attorney
• A document which
appoints another
person to act on
your behalf which
will last for a limited
time. Eg; to act in
the sale of a
property if you are
working abroad

8. Enduring Powers of Attorney
• A document appointing an attorney/
attorneys to act on a person’s
behalf either immediately or when
they lack capacity.
• In relation to financial affairs only
• Must be registered with the donot
lacks capacity
• Will continue to be valid if made
prior to 30th September 2007

9. Lasting Powers of Attorney
• What is a Lasting Power of Attorney? – a
new form of Power of Attorney brought in
by the MCA
• A Legal document made by a competent
person authorising attorney(s) to act on
their behalf subject to any restrictions
they impose
• Types of LPA – Property and Financial
Affairs LPA replaces EPA/New Health and
Welfare LPA
• Must be registered before it can be used –
fee of £130.00 per document
• Certificate Providers Statement- who can
complete?

10. Advance Decisions
• MCA is first statutory confirmation of :
• Decision to refuse life-sustaining
treatment
– Must be in writing
– Be signed and witnessed
– State clearly that the decision applies even if life
is at risk
– Must be valid and clearly applicable to current
circumstances
– May also express wishes about other sorts of
treatment and name people to be consulted
about that treatment
– Must be over 18 and have capacity to make the
decision
• Who needs to know about the advance
decision?

11. D pratice and
Assessment of Capacity
• When we see a client we make
our own assessment using the
guidelines set out in the MCA
• Good practice and the Golden
Rule
• How is mental capacity
Assessed?
– 2 stage test for capacity
• What are the implications if
someone cannot make 1) and
LPA 2) a Will 3) an Advance
Decision

12. Contact Us
Simon Cook Philippa Pipe
9 Imperial Square 27 Church Street
Cheltenham Tewkesbury
Gloucestershire Gloucestershire
GL50 1QB GL20 5RH
Tel: 01242 235250 Tel: 01684 299633
Email: scc@tblaw.co Email: pcp@tblaw.co