In forceAmended2020 Revised Edition

Contents

Mental Capacity Act 2008 · 2020 Revised Edition · Part 4 · Lasting Powers of Attorney

12. Appointment of donees

In plain English

A donee under a lasting power of attorney must be an unpaid individual aged at least 21 years or an unrelated professional donee. An undischarged bankrupt cannot be a donee for property and affairs. Multiple donees act jointly unless the instrument says otherwise. The instrument may name a replacement donee but cannot let a donee pick a substitute.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

Amended

Last amended by an amending law of 2021. 2 amendments in all.

(1)

A donee of a lasting power of attorney must be —

(a)

where the power relates only to P’s property and affairs —

(i)

an individual who has attained the age of 21 years and provides to P the services of a donee without remuneration;

(ii)

an individual who is a professional donee and is not related to P by blood or marriage; or

(iii)

a professional donee who is not an individual; and

(b)

in any other case —

(i)

an individual who has attained the age of 21 years and provides to P the services of a donee without remuneration; or

(ii)

an individual who is a professional donee and is not related to P by blood or marriage.

(2)

A person who is an undischarged bankrupt may not be appointed as donee of a lasting power of attorney in relation to P’s property and affairs.

(3)

Subsections (4) to (7) apply in relation to an instrument under which 2 or more persons are to act as donees of a lasting power of attorney.

(4)

The instrument may appoint them to act —

(a)

jointly;

(b)

jointly and severally; or

(c)

jointly in respect of some matters and jointly and severally in respect of others.

(5)

To the extent to which it does not specify whether they are to act jointly or jointly and severally, the instrument is to be assumed to appoint them to act jointly.

(6)

If they are to act jointly, a failure, as respects one of them, to comply with the requirements of subsection (1) or (2) or Part 1 or 2 of the First Schedule prevents a lasting power of attorney from being created.

(7)

If they are to act jointly and severally, a failure, as respects one of them, to comply with the requirements of subsection (1) or (2) or Part 1 or 2 of the First Schedule —

(a)

prevents the appointment taking effect in that person’s case; but(b)does not prevent a lasting power of attorney from being created in the case of the other or others.

(8)

An instrument used to create a lasting power of attorney —

(a)

cannot give the donee (or, if more than one, any of them) power to appoint a substitute or successor; but(b)may itself appoint a person (called in subsection (9) the replacement donee) to replace the donee (or, if more than one, any of them) on the occurrence of an event mentioned in section 15(5)(a) to (d) which has the effect of terminating the donee’s appointment.

(9)

To avoid doubt, an instrument used to create a lasting power of attorney —

(a)

may itself appoint one or more replacement donees in respect of a particular donee; but(b)cannot itself appoint a person to replace any replacement donee.