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Donor (LPA Context)

Also known as: LPA Donor, Principal

Definition

A donor (in LPA context) is the person who creates a lasting power of attorney and appoints one or more attorneys to make decisions on their behalf if they lose mental capacity.

Understanding the donor's role is essential because only you can create your own LPA—no one else can do it for you, regardless of their relationship to you.

What Does Donor (LPA Context) Mean?

Under the Mental Capacity Act 2005, the donor is the person who creates a lasting power of attorney and grants decision-making authority to trusted individuals called attorneys. The term "donor" reflects the idea of "donating" or granting these powers to someone else. This legal terminology should not be confused with medical donors who give blood or organs—it's a completely different meaning in the LPA context.

To create an LPA, the donor must be at least 18 years old and have mental capacity when creating the document. Mental capacity means the ability to understand the nature and effect of the LPA, including what decisions the attorneys can make and when they can act. Only the donor can make decisions about their LPA, including choosing their attorneys, setting preferences and instructions, and deciding when to register it. This requirement protects vulnerable people by ensuring no one can have decision-making powers taken away without their explicit consent.

Creating an LPA doesn't remove the donor's own decision-making rights. Sarah, age 58, created both types of LPA appointing her two adult children as attorneys. She registered both LPAs but continues managing all her own finances and health decisions. Her attorneys cannot access her accounts or make medical decisions without her permission while she retains capacity. The LPAs are simply ready to use if Sarah loses capacity in the future. For property and financial affairs LPAs, attorneys can only act with the donor's permission while the donor has capacity. For health and welfare LPAs, attorneys cannot act at all until the donor loses capacity.

The donor's role and rights continue until they die. The donor can revoke (cancel) the LPA at any time while they still have mental capacity by notifying the Office of the Public Guardian. However, an LPA automatically ends when the donor dies—attorneys cannot use it after death. After death, the executor named in the donor's will takes over responsibility for managing the estate.

Common Questions

"Can someone else create a lasting power of attorney on my behalf?" No, only you can create your own LPA—no one else can do it for you. You must be at least 18 years old and have mental capacity (the ability to make your own decisions) when you create the LPA. This is a legal requirement under the Mental Capacity Act 2005 to protect vulnerable people from having decision-making powers taken away without their consent.

"Can a donor still make decisions after creating an LPA?" Yes, creating an LPA doesn't mean you lose the right to make your own decisions. As the donor, you retain full decision-making capacity unless and until you lose mental capacity. A property and financial affairs LPA can be used immediately upon registration, but only with your permission while you still have capacity.

"What happens to the LPA when the donor dies?" A lasting power of attorney automatically ends when the donor dies. After death, the attorney's authority ceases immediately, and the donor's executor (named in their will) takes over responsibility for managing the estate. The LPA cannot be used to make decisions about funeral arrangements or estate distribution.

Common Misconceptions

Myth: My children can create a lasting power of attorney for me if I become too ill or confused to do it myself.

Reality: This is legally impossible. Only you can create your own LPA, and you must have mental capacity when you do so. If you lose capacity before creating an LPA, your family would need to apply to the Court of Protection for a deputyship order instead—a more expensive, time-consuming, and restrictive process. The requirement that only the donor can create their own LPA is a crucial safeguard against abuse and ensures people's wishes are respected.

Myth: Once I've made an LPA and appointed my daughter as attorney, she can start managing my finances and making decisions for me.

Reality: Creating an LPA doesn't transfer your decision-making rights to your attorney. You remain in full control of your own decisions until you lose mental capacity. For property and financial affairs LPAs, your attorney can only act with your permission while you still have capacity. For health and welfare LPAs, your attorney cannot act at all until you lack capacity. The terminology "power of attorney" sounds like you're giving away power, but creating the document is different from activating it.

  • Lasting Power of Attorney: The legal document that the donor creates to appoint attorneys for future decision-making if capacity is lost.
  • Attorney (LPA Context): The person appointed by the donor to make decisions on their behalf when they lose mental capacity.
  • Mental Capacity: The legal requirement the donor must meet when creating an LPA—the ability to understand and make decisions.
  • Certificate Provider: The independent person who confirms the donor understands what they're doing when creating the LPA.
  • Replacement Attorney: A backup attorney the donor can appoint in case their first-choice attorney cannot serve.
  • What Is a Lasting Power of Attorney (And When Do You Need One?): Explains the complete LPA process from the donor's perspective, including creation and registration steps.
  • Choosing the Right Attorney for Your LPA: Guidance for donors on selecting trusted people to act as attorneys and setting clear instructions.
  • Mental Capacity and Estate Planning: Clarifies the mental capacity requirement for donors creating LPAs and what happens if capacity is lost.
  • LPAs vs Court of Protection Deputyships: Compares what happens when donors create LPAs in time versus when capacity is lost before LPA creation.
  • Later Life Planning: LPAs and Wills: Discusses timing considerations for donors creating LPAs as part of comprehensive estate planning.

Need Help with Your Will?

Understanding your role as a donor in LPA creation is essential for protecting your future decision-making wishes. While creating an LPA ensures someone you trust can act for you if you lose capacity, having a valid will ensures your estate is distributed according to your wishes after death.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.