Power of Attorney Glossary

Advance Decision

In England & Wales, an advance decision made by you that at a later time and in circumstances specified by you, and when you're not otherwise able to consent or refuse the treatment, you don't wish a specified treatment to be carried out or continued. Also known as a Living Will.

Advance Directive

A written record of decisions about your future health care, given effect by a Living Will in Scotland.

Attorney

A person who has authority to act on behalf of another.

Best interests

In England & Wales, the Attorney must act in and consider the Donor’s best interests. The term is undefined but there are a number of matters that must be taken into account.

Capacity

The ability to understand information, form a decision based upon it and communicate that decision. A person lacks capacity in relation to a matter if at the time they are unable to make a decision for themselves in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain.

Certificate provider

In England & Wales, a person who provides the certificate required by the Lasting Power of Attorney Property and Financial Affairs (LPA PFA) and the Lasting Power of Attorney for Health and Welfare (LPA HW).

Code of Practice

In England & Wales, a document produced by the Government and which an Attorney has a duty to have regard to.

Continuing Power of Attorney (CPA)

In Scotland, a Power of Attorney that remains in effect during the incapacity of the Granter.

Court of Protection

In England & Wales, a Court that deals with decision-making for adults who may lack capacity to make specific decisions for themselves. It replaces the old Court of the same name.

Delegate

To grant authority to a person to act on behalf of another person.

Donor

In England & Wales, a person who grants a Power of Attorney.

Estate

All the property belonging to a person at death.

Execute

To sign or otherwise complete the formalities of a legal document.

Executor (or executrix, if female)

A person named in a Will to manage the deceased’s estate and to ensure that a testator’s wishes are carried out and the Will followed. For Scotland, see Executor Nominate.

General Power of Attorney (GPA)

A Power of Attorney that is automatically annulled after the Donor or Granter becomes mentally incapable.

Granter

In Scotland, a person who grants a Power of Attorney.

Lasting Power of Attorney (LPA)

In England & Wales, a Power of Attorney that continues despite the Donor’s lack of capacity.

Lasting Power of Attorney Financial decisions (LP1F)

In England & Wales, a Lasting Power of Attorney that applies to a person’s property and affairs but not to decisions regarding their personal welfare.

Lasting Power of Attorney Health and Care Decisions (LP1H)

In England & Wales, a Lasting Power of Attorney that applies to a person’s personal welfare but not to decisions regarding their property and affairs.

Life-sustaining treatment

Treatment which in the view of the person providing health care is necessary to keep someone alive.

Limited power

An authority that is restricted to specified acts or type of acts, or to a specified time period.

Living Will

In Scotland, a Living Will is an advance declaration of a person’s wishes regarding future medical treatment they wish to refuse. For England & Wales, see Advance Decision.

Office of the Public Guardian (OPG)

The name shared by the separate and unrelated Government Offices of England & Wales and of Scotland that deal with the registration and administration of Lasting Powers of Attorney (in England & Wales) and Continuing and Welfare Powers of Attorney (in Scotland).

Patient

In general parlance, a person receiving medical treatment but, in law, particularly a person suffering from a mental disorder that makes them unable to manage their own affairs.

Power of Attorney

A formal, written authority granted by one person, the Donor, to another, the Attorney, enabling the Attorney to act on the Donor's behalf and manage their financial interests. See Lasting Power of Attorney and General Power of Attorney.

Public Guardian

In England & Wales and in Scotland, the Government Officer appointed to deal with Lasting Powers of Attorney (in England & Wales) and Continuing and Welfare Powers of Attorney (in Scotland).

Ratification

Confirmation of an act or of the validity of an act.

Registration

In England & Wales, the process through which a Lasting Power of Attorney is made effective or, in the case of an Enduring Power of Attorney, by which it's placed under the jurisdiction of the Court of Protection; in Scotland, it's the process through which a Continuing Power of Attorney or Welfare Power of Attorney is placed under the jurisdiction of the Public Guardian.

Revoke

To take back, withdraw or cancel.

Solicitor

Someone who has been 'admitted to the roll', i.e. is qualified as a solicitor. In order to practice, a solicitor must hold a practicing certificate issued annually by the Law Society.

Statute

An Act of Parliament.

Testator (or testatrix, if female)

A person who makes a Will.

Trust

An arrangement under which a person or persons (the trustee or trustees) hold and manage property (which can be money, shares, land, etc.) for the benefit of another person or persons (the trust beneficiary or beneficiaries).

Welfare Power of Attorney (WPA)

In Scotland, a Power of Attorney to deal with the welfare of the Granter during the incapacity of the Granter.

Will

A legal document which sets out the wishes of the testator for the distribution of their estate and certain other matters after their death.

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