Report comment

Please fill in the form to report an unsuitable comment. Please state which comment is of concern and why. It will be sent to our moderator for review.

Comment

A trap for the unwary is that under section 25 of the Mental Capacity Act 2005, an LPA for Health and Welfare can have the effect of revoking an advance decision. The relevant provision is in subsection (2) of the section:

"An advance decision is not valid if P [...] (b) has, under a lasting power of attorney created after the advance decision was made, conferred authority on the donee (or, if more than one, any of them) to give or refuse consent to the treatment to which the advance decision relates"

In the case of Re E (N and S v E v M and ors) [2014] EWCOP 27 it was held that the date of creation of the LPA is to be taken to be the date on which it was REGISTERED (not the date(s) on which it was signed).

Your details

Cancel