In forceAmended2020 Revised Edition

Contents

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

13. Lasting powers of attorney: restrictions

In plain English

A donee under a lasting power of attorney may only decide when the person lacks capacity or the donee reasonably believes so. Restraint is allowed only if needed to prevent harm and in proportion to the risk. Treatment decisions need express permission in the instrument. A donee cannot decide on life-sustaining treatment or make a will for the person.

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 under a lasting power of attorney (or, if more than one, any of them) may only make decisions under the lasting power of attorney where P lacks capacity, or the donee reasonably believes that P lacks capacity.

(2)

A lasting power of attorney does not authorise the donee (or, if more than one, any of them) to do an act that is intended to restrain P, unless 2 further conditions are satisfied.

(3)

The first condition is that the donee reasonably believes that it is necessary to do the act in order to prevent harm to P.

(4)

The second condition is that the act is a proportionate response to —

(a)

the likelihood of P’s suffering harm; and

(b)

the seriousness of that harm.

(5)

For the purposes of this section, the donee restrains P if the donee —

(a)

uses, or threatens to use, force to secure the doing of an act which P resists; or

(b)

restricts P’s liberty of movement, whether or not P resists,or if the donee authorises another person to do any of those things.

(6)

Subject to subsection (8), where a lasting power of attorney authorises the donee (or, if more than one, any of them) to make decisions about P’s personal welfare, the authority extends to giving or refusing consent to the carrying out or continuation of a treatment by a person providing health care for P if, and only if, the instrument contains express provision to that effect.

(7)

For the purposes of subsection (6), treatment, in relation to P, includes the conduct of a clinical trial on P.

(7A)

Where a lasting power of attorney authorises the donee (or, if more than one, any of them) to make decisions about P’s personal welfare, the authority extends to giving, refusing or revoking appropriate consent involving P under the Human Biomedical Research Act 2015 if, and only if, the instrument contains express provision to that effect.

(8)

Despite anything in the lasting power of attorney, a donee authorised to make decisions about P’s personal welfare may not make any decision with respect to the carrying out or continuation of —

(a)

life-sustaining treatment on P, whether or not amounting to extraordinary life-sustaining treatment within the meaning of section 2 of the Advance Medical Directive Act 1996; or

(b)

any other treatment on P which a person providing health care reasonably believes is necessary to prevent a serious deterioration in P’s condition.

(9)

Despite anything in the lasting power of attorney, a donee authorised to make decisions about P’s property and affairs may not —

(a)

make, on P’s behalf, any nomination under section 132(2) or 133(2) of the Insurance Act 1966;

(b)

where any nomination under section 132(2) or 133(2) of the Insurance Act 1966 has been made by P or by the court on P’s behalf, revoke, on P’s behalf, that nomination under section 132(7) or 133(4) (as the case may be) of that Act; or

(c)

execute a will for P.

(9A)

Despite anything in the lasting power of attorney, a donee authorised to make decisions about P’s property and affairs may not —

(a)

execute under section 15(6A) or 25(1) of the Central Provident Fund Act 1953, on P’s behalf, any memorandum under section 25(1) of that Act; or

(b)

where any such memorandum has been executed, or any nomination has been made under section 25(1) of that Act, by P or by the court on P’s behalf, revoke, on P’s behalf, that memorandum or nomination, as the case may be.

(10)

Despite any other provision of this Act, a person dealing with a donee in matters relating to P’s personal welfare or property may require the donee to produce a certificate from a registered medical practitioner stating that P’s lack of capacity is likely to be permanent, and if the donee fails to produce the certificate, the person may refuse to accept the donee’s authority to make decisions for P in such matters.

(11)

This section does not affect any other power conferred on a donee of a lasting power of attorney under any other written law.