Lasting Powers of Attorney

Lasting Powers of Attorney

A Lasting power of attorney (LPA) is a legal tool that gives another adult the legal authority to make certain decisions for you, if you become unable to make them yourself. The person who is given this authority is known as an ‘attorney’. They can manage your finances, or make decisions relating to your health and welfare. It could just be temporary: for example, if you are in hospital and need help with everyday things such as making sure that bills are paid. Or you may need to make more long-term plans if, for example, you have been diagnosed with dementia.

With an estimated 30% of people over the age of 65 losing mental capacity in some way, this can give an increasing burden on the family structure. Without registered Powers of Attorney, your family cannot access any of your assets to help you run them and only have limited jurisdiction over your well being. With registered Powers of Attorney your family can access all of your property and bank accounts to use them in your best interest and can decide which hospital/ care facility you are treated in. Powers of Attorney are closely regulated by a government body who monitor to make sure that your nominated people (Attorneys) act in your best interest. It is estimated that only 6% of the population have them because they can be expensive to create and because the forms are very confusing to use. We try to take the pain out of creating them, whilst giving clear advice to help you through this troublesome process. Ask us for a no obligation consultation.

LPA

Lasting Powers of Attorney

With an estimated 30% of people over the age of 65 losing mental capacity in some way, this can give an increasing burden on the family structure. Without registered Powers of Attorney, your family cannot access any of your assets to help you run them and only have limited jurisdiction over your well being.

Has your family member or friend lost mental capacity?

In order to take control of your loved one or family member’s affairs you need to apply to become a Deputy.

A Deputy is responsible for the vulnerable person's decisions about issues like property and finance, and occasionally healthcare.

What does the Court of Protection do?

The Court of Protection makes decisions on applications which involve people who lack mental capacity. When a friend or loved one has lost their ability to manage their own financial affairs (often referred to as the loss of mental capacity), the Court of Protection appoints someone to do this on their behalf.

Who can apply to be a deputy?

Anyone over the age of 18 can apply to act as a Deputy. Usually a friend or relative will be the most suitable person to apply, but it is the Court of Protection who has the final say in who can act. In some cases it may not be suitable for a friend or relative to act and the Court will appoint an approved Deputy (“ a Panel Deputy ”) to act.


  • Has your family member or friend lost mental capacity?

    There are many reasons why a person in your life may no longer be able to manage their own financial affairs or make informed decisions about their personal welfare, known as loss of mental capacity. Illnesses can be a common factor, such as Alzheimer’s, Parkinsons and other forms of dementia.

    In order to take control of your loved one or family member’s affairs you need to apply to become a Deputy. A Deputy is responsible for the vulnerable person's decisions about issues like property and finance, and occasionally healthcare. Deputyship is usually given to a close family member or friend or to a professional and must be applied for through the Court of Protection.

    Our trusted partners Premier Solicitors have helped hundreds of families and can guide you through this complex process. They have a specialist team that are dedicated to handling Court of Protection work. The team includes one of only 59 panel deputies in the country approved by the Court of Protection.

    They charge fees in line with the Court of Protection solicitors’ fixed costs, and are upfront about the cost of service, not undertaking any work without your consent.

  • Court of Protection Deputyship – who needs one?

    When a friend or loved one has lost their ability to manage their own financial affairs (often referred to as the loss of mental capacity), the Court of Protection appoints someone to do this on their behalf. This person is known as a Deputy and is given the authority to manage the day to day financial affairs of the person who has lost the mental capacity.

    It is important to remember that someone may be able to make decisions about everyday issues like what to eat or what to watch on television, but can lack the mental capacity to make decisions on more complex issues, like financial management.

  • Appointee

    If the incapacitated person does not have savings/property in excess of £5,000 and their only income is pension/state benefits, then a Deputyship Order will not be proportionate to their needs.

    In this case, it would be more appropriate to contact the Department for Work and Pensions (DWP) to become an appointee for the incapacitated person.

    Applying to become an Appointee means you are applying for the right to deal with the benefits of someone who can’t manage their own affairs because they are mentally incapable or severely disabled.

  • Who can apply to be a deputy?

    Anyone over the age of 18 can apply to act as a Deputy. Usually a friend or relative will be the most suitable person to apply, but it is the Court of Protection who has the final say in who can act. In some cases it may not be suitable for a friend or relative to act and the Court will appoint an approved Deputy (“ a Panel Deputy ”) to act.

    You may choose to appoint a solicitor to step in as Deputy and act in their professional capacity. Premier Solicitors not only has a dedicated and experienced Court of Protection Team, but is also home to one of only 59 Court approved Panel Deputies as well as solicitors who act as Professional Deputies. A Deputy is responsible for taking on the responsibilities of another person and it is important that a Deputy considers this carefully before making an application.

    At Premier Solicitors we always recommend that at least two persons should apply to become Deputy to help ease the burden of responsibility. A Deputy must comply with the Court Order and should always act in the best interests of the incapacitated person. The Deputy is responsible for the finances and bills of the person they are acting for. The Deputy may have to submit an annual account to the Office of the Public Guardian.

  • Are there different types of Deputyship?

    Yes, there are 2 types of Deputyship Orders that the Court of Protection can make:

    Property and Financial Affairs – these are the most common of Deputyship Order and allow a Deputy to manage a person’s finances.

    Health and Welfare – The Court of Protection will only grant this Order in certain situations. A Deputy may apply to the Court of Protection to make a will on behalf of the incapacitated person. This is known as a Statutory Will.

  • Who are the OPG?

    The OPG are the supervising body for Deputies, providing support to Deputies and safeguarding vulnerable adults. Premier Solicitors has a dedicated Court of Protection team headed by Mr Sunil Kambli who is a Court approved Panel Deputy.

  • How much does it cost to apply to become a Deputy?

    A Deputyship application starts from £850 + VAT in line with the Court of Protection solicitors’ fixed costs. We are upfront with you about the cost of the service and will not undertake any work without your consent. There are some disbursements, primarily a £400 court fee, but these will be clearly set out for you prior to the start of the application process.

  • We will not charge any upfront fees.

    Our costs will be billed at the end of the application process and the Court allows payment to be made out of the funds of the incapacitated person as the Order is made on their behalf.

Mark Pearson Associates

Independent & Professional Advice

Call today : 07825 785810