Commentary on Sections Part 5 – Lasting Powers of Attorney Chapter 1 - Lasting Powers of Attorney
A power of attorney is a formal arrangement by which one person (the donor) gives another person (the attorney) authority to make decisions for him or her, or on his or her behalf. At common law, such authority would cease if the donor later lost capacity but the Enduring Powers of Attorney (NI) Order 1987 (“the 1987 Order”) allows attorneys to continue to act after the donor lost capacity, in certain circumstances.
Part 5 of the Act provides for a new form of power of attorney, the lasting power of attorney (“LPA”). This new scheme will operate alongside the existing Enduring Power of Attorney (“EPA”) scheme.