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The person giving the power is known as the donor. The word 'lasting' in the context of an LPA means that the power may continue even if the person (though still alive) no longer has capacity to exercise the power. The Lasting Power of Attorney can be applied for online. [2]
An enduring power of attorney (EPA) under English law is a legal authorisation to act on someone else's behalf in legal and financial matters which (unlike other kinds of power of attorney) can continue in force after the person granting it loses mental capacity, and so can be used to manage the affairs of people who have lost the ability to deal with their own affairs, without the need to ...
A person, known as the grantor or donor in different jurisdictions, can only create a power of attorney if they have the requisite mental capacity. In some powers of attorney the grantor states that they wish the document to remain in effect even after they become incapacitated, creating a durable or lasting power of attorney.
The Court of Protection has the power to decide if a person lacks capacity to make decisions for themselves, and then to decide what actions to take in the person's best interests. The Court has the power to adjudicate on deprivations of liberty, which includes depriving a person of liberty who is over 16, lacks capacity, and can be living at home.
Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities (in this sense also called transaction capacity), or the personhood itself in regard to an entity other than a natural person (in this sense also called legal personality).
In law, individual capacity is a term of art referring to one's status as a natural person, distinct from any other role. [1]For example, an officer, employee or agent of a corporation, acting "in their individual capacity" is acting as an individual, rather than as an agent of the corporation.
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The creation of express trusts in English law must involve four elements for the trust to be valid: capacity, certainty, constitution and formality. Capacity refers to the settlor's ability to create a trust in the first place; generally speaking, anyone capable of holding property can create a trust. There are exceptions for statutory bodies ...