Does an attorney appointed for an LPA need to follow any principles?

The 2005 Mental Capacity Act outlines the principles which state that the donor is given the right to make any decisions and is assumed to have ability or capacity to make a decision unless proof is found to determine otherwise.

  • The right is given to an individual to be supported when making decisions until a conclusion is reached saying he or she is unable to do so even if a decision may seem somewhat eccentric or even unwise.
  • The attorney needs to carry out at all times any action that puts the donor’s best interests first.
  • When it comes to intervening with a donor who has seemingly lost capacity, every effort has to be made to ensure that there is least restriction possible enforced on the donor’s basic freedom and rights.
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