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Pushing the boundaries (or ticking the wrong box) on a Lasting Power of Attorney? The Court speaks

There have been a number of cases recently where the Office of the Public Guardian has applied to the Court to challenge provisions that individuals have put in their Lasting Powers of Attorney. The judgments provide interesting and thought-provoking interpretations of the law, set out in the Mental Capacity Act 2005 that governs Lasting Powers of Attorney. It highlights to us that the law regarding LPA’s is still being refined and developed.

What is reassuring in these judgments is the importance that is placed on an individual’s wishes and feelings - so, for example, where a ticked box on the form conflicts with an individual’s written preferences or instructions, the written intentions prevail. Similarly, the desire to look after other family members is regarded as a legitimate instruction, and following those instructions is not necessarily against an individual’s best interests.

After the huge success of our previous Lasting Powers of Attorney Seminar | The Do's & Don'ts, we will be running another one in 2018. If you would like to register your interest please email


If you need help or advice in regards to Lasting Powers of Attorney, you can speak to a member of our team today, contact or call 01926 491181


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