Lasting Powers of Attorney

Lasting Power of Attorney

A Lasting Power of Attorney is a document in which you nominate other people – usually a relative or friend – to make decisions and deal with your affairs in the event that you later become unable to make such decisions yourself due to mental or physical incapacity.
There are 2 types of LPA which are described below

Property and Financial Affairs LPA

A Lasting Power of Attorney (LPA) for property and financial affairs allows you to choose one or more people (your “attorneys”) to make decisions about your money and property if you become unable to do so yourself—for example, because of illness, accident or old age. Your attorneys can operate your bank accounts, pay bills, collect income and benefits, sell or buy property, and manage investments, always in your best interests. You can restrict when the LPA can be used (for instance, only when you lack capacity) or allow it to be used even when you still have capacity, which can be useful if you find it difficult to get to the bank or sign documents.

Health and Welfare LPA

A Health and Welfare LPA allows your attorneys to make decisions about your care and daily life if you lose mental capacity. That can include where you live, who you have contact with, consent to or refusal of medical treatment, and day-to-day care. You can also give your attorneys the power to consent to or refuse life-sustaining treatment, but only if you expressly say so in the LPA. Unlike a Property and Financial Affairs LPA, a Health and Welfare LPA can only be used when you lack capacity to make the decision in question.

Both types of LPA must be registered with the Office of the Public Guardian before they can be used. The process can take several weeks. We can prepare the forms, help you complete them correctly, and submit the application for registration. We will also advise on choosing attorneys, appointing replacement attorneys, and including any conditions or instructions so that the LPA reflects your wishes and protects you.

Deputyship Applications

If someone has lost mental capacity and has not made a Lasting Power of Attorney, no one has automatic legal authority to manage their property and finances or to make certain welfare decisions on their behalf. In that situation, it is usually necessary to apply to the Court of Protection for someone to be appointed as a “deputy.” A deputy is given authority by a court order to make decisions within the scope of that order—most commonly for property and financial affairs, and in some cases for personal welfare.

The deputyship process involves completing the Court’s application forms, paying a fee, and usually providing evidence of the person’s lack of capacity (often a capacity assessment or report from a doctor or other professional). The Court will consider who is best placed to act as deputy, whether more than one deputy is needed, and what powers and restrictions should be in the order. In property and financial cases, the deputy may have to provide a security bond and will need to submit annual reports and accounts to the Court.

We can guide you through the whole process: explaining what the Court needs, helping you complete the forms, liaising with the Court of Protection, and dealing with any queries or hearings. Once the order is made, we can advise on the deputy’s duties,

record-keeping and ongoing obligations so that you can act properly and with confidence.

Our LPA fees are shown on our fees page