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Having a Lasting Power of Attorney (LPA) in place can make things easier in the future if a time comes when you are no longer able to make or communicate a decision yourself.

An LPA enables you to appoint a person, or multiple people, who are called ‘attorneys’ to make decisions on your behalf. By making an LPA you have more control over what happens to you and your affairs if you lack mental capacity in the future because you have set out your wishes and have appointed persons you trust to make decisions for you when you can no longer do so yourself.

There are two LPAs that you can make:

• Property & Financial Affairs
• Health & Welfare

Under the Property & Financial Affairs LPA, you give your attorney(s) power to make decisions about your money, finances and property. This can include:

• managing your monies in bank or building society accounts
• paying bills
• collecting benefits and dealing with your pensions
• buying and selling investments
• selling your home

Under the Health & Welfare LPA you give your attorney(s) power to make decisions concerning:

• your daily routine, for example washing, dressing, diet
• medical care
• moving into a care home
• life-sustaining treatment

LPAs have to be registered at the Office of the Public Guardian before an attorney has the authority to act.  At Carr and Co we can assist you with the preparation and registration of your LPAs. Our service includes acting as your professional Certificate Provider, being a person required to sign the LPA before it can be registered, verifying you understand the document, have mental capacity and are not being coerced.

Lasting Powers of Attorney replaced Enduring Powers of Attorney in 2007. If you made an Enduring Power of Attorney prior to October 2007 it is still valid and it can still be registered at the Office of the Public Guardian.

Court of Protection

If a person loses capacity and they haven’t made a Power of Attorney then in order for someone to manage the affairs of the person who has lost capacity, a deputy must be appointed.

A deputy is similar to an attorney but in order to be appointed an application must be made to the Court of Protection for a deputyship order. The Court of Protection is a court which deals with decisions or actions made or taken under the Mental Capacity Act 2005.

Anyone can be appointed as a deputy, provided they are over the age of 18, do not have a criminal record and have not been declared bankrupt. The deputy can be a family member, friend or it could be a professional and two or more people can be appointed.

You can be appointed as a deputy in respect of Property & Financial and / or Health & Welfare.

The deputyship process can take between 9-12 months and involves:

• Obtaining medical evidence that the person the application is to be made about does lack mental capacity
• Completing detailed COP application forms
• Notifying relevant people about the application
• Arranging security bonds, in respect of financial deputies

We can assist with the preparation of deputyship applications and in lodging the application with the Court of Protection.

As a deputy or as an attorney under a Power of Attorney, sometimes it is necessary to apply to the Court of Protection for a separate order, such as an order to sell or purchase property on behalf of the person lacking capacity, or if an attorney under a Lasting Power of Attorney (LPA) wants to make a decision outside of the powers given to them under the LPAs.

We can also assist existing deputies and attorneys with making such applications to the Court of Protection.

To arrange an appointment with one of our power of attorney experts call us today on 01670 515 182 or 01670 351 251 or send us a message via our contact form.