LPA’s replaced the enduring powers of attorney in October 2007, but what are they and how can they benefit you?
LPA’s were created under the Mental Health Act 2005 and replaced the former enduring powers of attorney. The purpose is so that those you trust can help you should you ever lack capacity. For example, you may need support because you have Dementia or Alzheimer’s.
The five principals are:
1. A person must be assumed to have capacity unless it is established that he lacks capacity.
2. A person is not to be treated as unable to decide unless all practicable steps to help him to do so have been taken without success.
3. A person is not to be treated as unable to decide merely because he makes an unwise decision.
4. An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests.
5. Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action.
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