The Law Society has issued updated guidance for solicitors who advise clients on drawing up a lasting power of attorney (LPA) and solicitors who are acting as an attorney under an LPA.
There are currently two forms of LPA available: property and financial affairs; and health and welfare.
Any solicitor intending to give advice about an LPA or act as an attorney under an LPA must be aware of the provisions in the Mental Capacity Act 2005 and the Mental Capacity Act 2005 Code of Practice. They should also be familiar with the relevant guidance from the Office of the Public Guardian.
The revised practice note provides an overview of LPAs and also covers the ongoing arrangements for enduring powers of attorney.