Lasting Power of Attorney Glossary
Our helpful glossary of Lasting Power of Attorney Law terms can be found below. Click here to download and print a copy for your reference. – click to download
| Advanced Decision | Also known as a Living Will, is a statement of instruction a person can make now to refuse a specific type of medical treatment at some time in the future. |
| Attorney | The person appointed by the Donor to act of their behalf. |
| Capacity | The ability to make informed decisions independently. The tests for capacity are contained in the Mental Capacity Act 2005. |
| Certificate Provider | One of the people who need to sign a LPA before it can be registered. They are an independent judge of the Donor’s mental capacity and sign to say that the Donor understands the effect of the LPA and that no one is forcing them to enter in to it. |
| Certified Copy | A photocopy of an original document (such as a passport or certificate) that has been signed by a solicitor to confirm it is an exact copy of the original. |
| Court of Protection | A branch of the High Court which oversees the affairs of those who lack capacity. |
| Deputy | A person appointed by the Court of Protection to make decisions and act on behalf of someone who no longer has the capacity to make decisions for themselves. |
| Donor | The person entering in to the Power of Attorney. |
| Enduring Power of Attorney | (EPA) A type of Power of Attorney which predated 1st October 2007. These remain valid although are treated differently to LPA’s. |
| General Power of Attorney | A type of Power of Attorney that allows an individual to delegate all their functions to an attorney, a group of attorneys or a corporate body. Also known as an Ordinary Power of Attorney these are only valid whilst the Donor has mental capacity. |
| Health and Welfare LPA | One of two types of Lasting Power of Attorney which allows the Donor appoint one or more persons to make decisions about their health and welfare. |
| Jointly and Severally | As way of appointing Attorney’s so that they can act both together and independently. |
| Lasting Power of Attorney | The document in which the Donor appoints a person to make decisions on their behalf when they no long have the mental or physical capacity to do so themselves. |
| Living Will | See Advanced Decision. |
| Office of the Public Guardian | (OPG) The Government body which checks, registers and monitors EPA’s and LPA’s and which works with the Court of Protection providing support and advice to those dealing with vulnerable persons. |
| Property and Affairs LPA | One of two types of Lasting Power of Attorney which allows the Donor to appoint one or more persons to make decisions about their property and financial affairs. |
| Registration | EPA’s and LPA’s are registered with the OPG. The register is public. |
| Revocation | A specific written statement made by Deed that the Donor no longer wants an Attorney to act on their behalf which is sent to the OPG. |