PART 5

LASTING POWERS OF ATTORNEY

Creation of lasting power of attorney

Lasting powers of attorney
97
1
A lasting power of attorney is a power of attorney by which the donor confers on the attorney (or attorneys) authority to make decisions about (or about specified matters concerning) all or any of the following—
a
the donor's care, treatment and personal welfare,
b
the donor's property and affairs,
and which includes authority to make such decisions in circumstances where the donor no longer has capacity.
2
A lasting power of attorney is created only if—
a
an instrument conferring authority of the kind mentioned in subsection (1) is made and registered in accordance with Schedule 4;
b
at the time when the donor executes the instrument, the donor is 16 or over and has capacity to execute it; and
c
section 101 (requirements as respects attorneys) is complied with.
3
An instrument which—
a
purports to create a lasting power of attorney, but
b
does not comply with this section, section 101 or Schedule 4,
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—
i
sections 98 to 100 (restrictions);
ii
sections 1, 2, 5 and 7 (principles, best interests); and
b
any conditions or restrictions specified in the instrument.
5
In the following provisions of this Part, in relation to a lasting power of attorney or an instrument executed with a view to creating such a power—
a
any reference to “care, treatment and personal welfare” includes matters concerning care, treatment or personal welfare that are specified in the power or instrument;
b
any reference to “property and affairs” includes matters concerning property or affairs that are specified in the power or instrument.
6
Subsections (2) and (3) are subject to—
a
section 102(5) (joint and several appointments: breach of requirements as respects some but not all attorneys); and
b
section 103(6) (breach of requirements as respects replacement attorneys).