LPAS for financial decisions and health and welfare.
A Power of Attorney is a legal document that allows an individual give authority to someone else to make decisions on their behalf and help with their affairs, if they are not in a position to do so themselves. It’s common to assume that your spouse or partner would automatically be able to handle your finances or make decisions about your health or welfare should the need arise. However, without a Power of Attorney in place, unfortunately nobody has the legal authority to do so.
There are two main types of Lasting Power of Attorney (LPA), one of which is concerned with property and finances and the other with health and welfare.
Lasting Power of Attorney for Financial Decisions
This will enable your attorney to assist you in buying and selling property, investing money, paying bills and the general management of your affairs, as you’ve been doing for yourself. Your attorneys can assist you while you are mentally capable of instructing them, or if you lose capacity in the future and are therefore unable to instruct or handle your affairs alone.
Lasting Power for Health and Welfare
This type of LPA gives authority to an appointed attorney who you trust knows you wishes, to make decisions about your health, medical treatment and the care you should receive, in the event that at some point in the future you cannot make those decisions yourself. Your attorneys will be involved in best interest meetings with medical and care professionals regarding your health and welfare needs.
If a loved one has not created an LPA and is now in need of representation for financial or welfare decisions, you will need to apply to become a Deputy through the Court of Protection.
The legal services provided by Prettys are designed to guide you through every aspect involved with Powers of Attorney and Court of Protection. From advising on the need for these documents all the way through to drafting and registering them with the Office of the Public Guardian, our solicitors are dedicated to delivering tailored legal support, bringing you peace of mind.
Expertise in Court of Protection and Powers of Attorney
In relation to Court of Protection and Powers of Attorney, solicitors in our specialist Wills, Trusts and Estates services team have expertise in:
The preparation of relevant documents
Advice to Donors and Attorneys as to use
Registration of Documents at the Office of the Public Guardian
The cancellation of a Power of Attorney
Removing Attorneys due to misuse or abuse
Applications for Deputyship for Property & Finance as well as Health & Welfare
Statutory Will applications
The appointment of new or additional Trustee applications
Professional Deputy appointment and the removal of Deputies
Assistance with the preparation of annual Deputyship reports
Contested Power of Attorney and Court of Protection applications
To enquire about any of the above services, or to speak to a solicitor regarding any other aspect of Powers of Attorney and Court of Protection, contact our team today.
Accessible legal support
Prettys’ solicitors act as a valued partner to those looking to create an LPA or apply to the Court of Protection. As well as offering accessible legal support whenever you need it, we deliver a first-rate client service, taking a caring and personal approach to each case.
Powers of Attorney and the Court of Protection can play an important role in safeguarding the needs of the individual it concerns. For this reason, the Prettys team take time to understand your unique circumstances and advise you on a course of action that is right for you and your loved ones.
For answers to some of the most common questions about Powers of Attorney and the Court of Protection, please scroll down to the FAQs section at the bottom of this page.
For any advice or guidance on a matter relating to Court of Protection or Powers of Attorney, lawyers in Prettys’ specialist team will be happy to help. Contact us on 01473 232121, complete our contact form or send us an email at enquiry@prettys.co.uk.
A Power of Attorney is a legal document allowing you to appoint someone to assist you with your property and finances and/or health and welfare if you are ever unable to make these decisions for yourself.
Enduring Powers of Attorney (EPAs) could be made between 1985 and September 2007, and they cover property and financial affairs. They are still valid and can be used. Lasting Powers of Attorney (LPAs) are the current regime and cover property, finance, health and welfare.
If you have a valid EPA, you do not necessarily need to make an LPA. However, we advise that you do check it carefully to make sure it is correctly completed and does still reflect your wishes. You may also wish to supplement your EPA, which covers property and finances, with an LPA that covers your health and welfare.
It might be, but who knows what the future holds? The purpose of the document is to allow people to make decisions for you in the future if you can no longer make them yourself. It does not mean that from the moment you complete the forms your attorney takes over.
The documents do take a number of weeks to be registered with the Office of the Public Guardian, which could potentially delay your attorneys acting for you when you need them in the future. If it is made now, it can sit in the drawer as a useful insurance policy for whatever the future holds. There are no ongoing fees once the LPA is made and registered, that’s it.
If you do not make an LPA and later become unable to make certain decisions for yourself, you may find that no one can legally make decisions for you. This can cause problems with paying bills or making decisions about your care.
It may be that someone will need to apply to the Court of Protection to be your Deputy. A Deputy has similar powers to that of an attorney but it is significantly more time consuming and expensive than an LPA. It is much easier to appoint an attorney, and you can choose who you would like to do it for you.
The Court of Protection helps people who are unable, as a result of mental health, injury or any other impairment, of making their own decisions. The Court can give the power to make those decisions to someone who will be known as a Deputy.
The decisions can cover money and property or health and welfare. The Court will also hear matters relating to care and treatment decisions and will make decisions on that person’s behalf in respect of contact or if there is a dispute or allegation regarding a disputed Power of Attorney. The team at Prettys can advise on all of these aspects.
Deputies are often friends or relatives but they could also be a solicitor. We are appointed as a Deputy for a number of clients. Solicitors are often appointed if there is no suitable family member or friend, the amounts involved are very large, there are very complicated and complex decisions to be made or if there is a family conflict.
There are various forms that need to be completed, including a doctor’s certificate confirming the person lacks mental capacity. The process can be quite lengthy and complex, and we can help with the documentation, its completion and submission. Most applications are issued without a formal court hearing but, depending on the circumstances, a full hearing may be required.
All decisions must be made in the best interest of the person lacking capacity. The Court of Protection may restrict what actions you can take and any decisions must be made in accordance with the guidance of the Mental Capacity Act 2005 Code of Practice. The Deputy has to report yearly on all financial transactions and make a note of all decisions made.
You will not be able to make a Will for them but you can apply to the Court of Protection for them to make a Statutory Will for your relative. We can assist and advise you with this complex process.
