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LPAs: who has the power?

Advisers must have regard to the provisions of the Mental Capacity Act when drafting any restrictions and conditions in a lasting power of attorney, says Lynsey Colman

21 January 2014

Various cases of note were heard in the Court of Protection in 2013. The Senior Judge made decisions about what cannot be provided for in a power of attorney and severed many provisions that contradict statutory ones.

In Re Spaas (April), the donor made a health and welfare lasting power of attorney (LPA) including the condition that if she became completely mentally or physically incapable she wished “steps to be taken” to end her life as quickly and painlessly as possible. The words in quotation marks were severed to avoid any doubt that assisted suicide, which is unlawful, was being suggested.

The health and welfare LPA in Re Baxter (April) included a provision that it was to be used if the donor is “becoming mentally incapable&r...

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