Q&As

When drafting instructions in a Health & Welfare lasting power of attorney (LPA) as to the donor’s wish to remain in their current country of residence and be cared for by their private medical team, rather than being taken back to England and cared for by alternative practitioners, is there anything specific that needs to be included to ensure the LPA is valid?

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Produced in partnership with Graham Stott of gunnercooke LLP
Published on: 29 March 2019
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Commentary: Conditions or restrictions imposed by the donor: Cretney & Lush on Lasting and Enduring Powers of Attorney [13.55]–[13.64] explains that under section 9(4)(b) of the Mental Capacity Act 2005 (MCA 2005), the authority conferred by a lasting power of attorney (LPA) is subject to any conditions or restrictions contained within the instrument.

The donor may, within section 7 of the LPA

Graham Stott
Graham Stott

gunnercooke LLP

Graham Stott is a former solicitor (2001) and a Notary Public (2007), having worked in high street, City, regional and national firms of solicitors. Graham is also a former soldier and officer who has attended the Royal Military Academy Sandhurst.

Graham is experienced in the drafting of wills, codicils, trust documents and powers of attorney, disputed wills, contentious probate, intestacy, trust disputes, Inheritance Act claims, TOLATA, proprietary estoppel, equitable accounting, and Court of Protection.

Whilst a solicitor, Graham acted for HNW individuals, company directors, entrepreneurs, non-domiciled/non-resident individuals, PRs, trustees and elderly/vulnerable clients.

Graham also has experience working with wealth preservation teams from national firms of accountants, private banks and the private wealth divisions of high street banks in wealth preservation and succession planning. Graham has acted as an enduring/lasting attorney, a professional executor and a professional trustee.

Graham’s practice includes advisory, drafting, advocacy as well as the conduct of litigation.

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