What are the roles within a lasting power of attorney?

There are several people involved in making a lasting power of attorney (LPA).

Here we explain the different roles and responsibilities.

Bank statement
Donor

A donor is someone (being over 18) who makes an LPA appointing an attorney(s) to make decisions about his/her health and welfare, property and financial affairs or both. A donor can, provided they have the requisite mental capacity, revoke any power of attorney created. This can be done verbally to the attorney e.g. “You are no longer my attorney” or by a Deed of Revocation. We advise the latter as this provides a clearer indication of the revocation if subsequently an attorney claims they were not informed.

Attorney(s)

An attorney is the person(s) the donor chooses and appoints to make decisions on their behalf about either their health and welfare or property and financial affairs or both. It is an important role and one that the person chosen has to agree to take on.

Named person(s)

Someone chosen by the donor to be notified when an application is made to register their LPA. They have the right to object to the registration if they have concerns. The named person(s) are specified in the LPA form. Selecting people to notify of an application to register is one of the key safeguards to protect you if you make an LPA. The named person must be someone different to the person chosen to act as the attorney/replacement attorney.

Certificate provider

A person the donor must select to complete a certificate in the LPA form. The certificate provider must confirm that the donor understands the LPA and that the donor is not under any pressure to make it. The certificate provider can be someone with specialist professional qualifications that equip them to decide that the donor has capacity (i.e. a doctor) or someone who has known the donor for at least 2 years.

Witness

Someone who signs the LPA form to confirm that they witnessed:

  • the donor signing and dating the LPA form; or
  • the attorney(s) signing and dating the LPA form.

Would you like to find out more? Call us on 0800 161 5190 and one of our advisers will be happy to help.

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