Glossary of Terms

Attorney - A person appointed by the Donor to act on their behalf.

Court of Protection - A branch of the High Court which oversees the affairs of those who lack mental capacity.

Deputy - a person appointed by the Court of Protection to make decisions and act on behalf of people who are unable to make decisions about their own affairs.

Donor - the person who appoints the Attorney to act for them in the Lasting Power of Attorney.

Enduring Power of Attorney (EPA) - An older style Power of Attorney designed to remain in force after the person who makes the Power loses capacity. An EPA will still be valid provided it was signed prior to the 1st October 2007. However, once the Donor loses capacity it must be registered with the Court of Protection.

General Power of Attorney - A simple short term Power of Attorney, usually used to enable the sale or purchase of a property or asset to proceed during the temporary absence of the Donor.

Health and Welfare LPA - One of two types of Lasting Power of Attorney which allows you to appoint one or more persons to make decisions about your health and welfare.

Lasting Power of Attorney (LPA) - A Power of Attorney which gives someone you trust the power to act on your behalf and make decisions for you if you aren't able to do so yourself due to mental or physical incapacity.

Mental Capacity Act - The law that governs behavior towards those who lack, or have impaired mental capacity.

Office of the Public Guardian - A Government office which works with the Court of Protection providing support and advice to those dealing with vulnerable persons.

Property and Financial Affairs LPA - One of two types of Lasting Power of Attorney which allows you to appoint one or more persons to make decisions about your property and financial affairs.

Certificate Provider - An independent third party who is over the age of 18, such as a doctor, solicitor, or someone who has known you for at least two years. The certificate provider confirms the facts of the form, certifies that you have the requisite mental capacity to execute the Lasting Power of Attorney and that you have not been unduly pressured by anyone into executing the document.