Lasting Power of Attorney

There are several reasons why you might need someone to make decisions for you or act on your behalf:

This could just be a temporary situation: for example, if you are in hospital and need help with everyday tasks such as paying bills.
You may need to make longer-term plans if, for example, you have been diagnosed with dementia and you may lose the mental capacity to make your own decisions in the future.

Naming someone to act under a lasting power of attorney if you are no longer capable of making decisions in the future can be quite challenging. Therefore, it is particularly important to have the right support before applying for the power of attorney. Also, you’ll need to determine which of the two types of lasting power of attorney will be best suited to your requirements, health and welfare lasting power of attorney or property and financial affairs lasting power of attorney (LPA) or indeed it may be wise to have both of them.

Our specialists will provide you with information and advice that will help you make an informed decision and avoid any conflict. Questions like who a suitable person would be to act as an attorney and what are the duties of an attorney. Also, who can witness the signatures on the form? Our solicitors will be on hand to answer all your questions. It may seem an extremely easy process to applying and register a lasting power of attorney but if there is a mistake the cost could be expensive to put right.

Our specialists are also able to act as your Certificate Provider and Witness on the documents.

However, in case it is too late for a power of attorney, we can help the family members in applying for a deputyship through a court of protection.

Also, feel free to contact us for additional information or any queries you may have.

DEPUTYSHIP APPLICATIONS

A deputyship order gives you the ability to make decisions on behalf of someone who has lost the capacity to care for and make decisions for themselves. You might apply for a deputyship order when there is no lasting power of attorney (or enduring power of attorney) in place.

About Deputyship Orders

A deputy is a person appointed by the Court of Protection to be legally responsible for someone who lacks the capacity to make decisions for themselves where there is no power of attorney.
The lack of capacity may be because of any impairment of or disturbance in the functioning of the mind or brain, such as dementia or a stroke.
The Court of Protection’s deputyship order will set out the deputy’s powers.
The powers may relate, for example, to the person’s finances, property or accommodation (including where they live or whether they go into care), their medical treatment and other healthcare issues, and their personal welfare, e.g. what clothes they wear, and anything needed for their general care and well-being. The powers given depend on the person’s needs.
If a decision is complex or difficult, the Court of Protection recommends that the deputy takes legal advice. The Court may allow you to recover the fees from the funds of the person lacking capacity.