LPA document release

Following discussions with another solicitor and no luck in obtaining any sense from the Law Soc or SRA we are wondering what other firms require to release a LPA document to an attorney in absence of specific instructions from the donor at the time of drafting?
We think that if the LPA is restricted until loss of capacity then we would want to donor’s consent if they have capacity.
However is unrestricted it seems that the attorneys have the right to request the document as they are agents for the donor.
Your thoughts would be appreciated.

R Simpson
Thomas Simpson Solicitors

If the LPA is unrestricted then I would want either written instructions from the donor to release it to the attorneys or a doctors letter confirming the donor has lost capacity.

My view is that the LPA can be used when the donor has capacity but only if the donor has instructed them to. So I would want the donors instructions as to the the attorneys being able to act on their behalf before I handed the LPA over.

Gemma Van Duke
Bishopsgate Law


Assuming you are simply offering storage or holding these documents as you executed them, you ought to be contacting the attorneys and giving them the documents?

The attorneys ought to hold the documents regardless as they need to make arrangements with the donor.


Richard Bishop

1 Like