LASTING POWERS OF ATTORNEY & DEPUTYSHIPS
In addition to Wills, we can offer you practical assistance in completing and registering Lasting Powers of Attorney or applying to the court of protection for deputyship applications.
WHAT IS A LPA?
A lasting power of attorney (or LPA) is a special document that allows the person who makes the LPA (anyone over the age of 18 who has the capacity) to choose someone to make decisions on their behalf about things such as assets, health and welfare, at a time in the future when they no longer wish, or are no longer able to make those decisions for themselves.
There are two LPAs:
Health and Welfare
Property and Financial Affairs
Without an LPA
Should you lose capacity, individuals not nominated by you may make decisions on your behalf.
Spouses, partners or loved ones may not be able to access assets held in your sole name.
Your close relatives may not be listened to in decisions affecting your health and welfare.
No restrictions or guidance Will be in place to protect your interests.
Your loved ones may have to endure a long and expensive process applying to the court of protection to act on your behalf.
What does making an LPA incorporate?
In our initial meeting we explain to you what each LPA covers and advise you which LPA(s) we feel would be appropriate to your own personal circumstances.
Owing to the nature of the document, the LPA requires several different people to be involved. However we provide a comprehensive service to assist you during both the preparation and the registration stage.
COURT OF PROTECTION DEPUTYSHIP ORDER
Unlike LPAs a deputyship order application is made to the Court of Protection by an individual (usually a family member) when someone lacks capacity to deal with their affairs and has not made or registered an LPA. We can assist with the application process.
The Mental Capacity Act 2005 sets out how decisions can be made for those who lack mental capacity. It protects people affected by dementia, stroke, disability or mental health problems.
Everyone working with or caring for an adult who lacks capacity to make certain decisions must comply with the Act when making a decision or acting for that person.
Elderly and vulnerable clients
The Office of the Public Guardian is responsible under the Mental Capacity Act for keeping records of Deputies, Lasting Powers of Attorney and investigating complaints. When dealing with LPAs, we always follows stringent guidelines to ensure that clients know exactly what they are doing, and are doing it of their own accord.