Power of Attorney
At The Legal Practice, our expert power of attorney solicitors understands it is important to protect your best interests and forward plan to give you peace of mind that your estate is being taken care of when you pass away.
LPA and Deputy Orders
Lasting Powers of Attorney (LPA) and Deputy Orders are legal appointments of a person or persons to deal with the affairs of those who no longer have mental capacity. Appointments can be made to make decisions about the person’s financial matters or health and welfare.
What are the differences between an LPA and Deputy Order?
The person makes a lasting power of attorney (LPA) before they lose mental capacity, and they appoint whom they wish to act on their behalf. They control the powers given to the attorneys, and the documents are therefore more likely to reflect the wishes of the person who becomes mentally incapable. Suppose the person has no relatives or does not want their family involved. In that case, they can appoint a solicitor to act on their behalf.
When someone has not made a lasting power of attorney and loses capacity, an application is made by whoever comes forward to the Court of Protection. This may be a relative that the patient would not have chosen. A deputy must be over 18 years old, and any convictions of the proposed deputy will have to be disclosed. An individual may not be able to act if the Court disapproves of them.
Suppose someone has no close family to apply as a deputy. In that case, the Court may appoint the local authority or a professional deputy to act on the individual’s behalf, for example, a solicitor. Once again, in these circumstances, you have no control over who is appointed.
If you prepare and register LPAs, or wish for a solicitor to act as an attorney under the LPA either alone or jointly with family members, please get in touch.
Where no lasting power of attorney has been made, our power of attorney solicitors can also support you with the application process to be appointed as the deputy.
Power of Attorney FAQs
What is a Power of Attorney?
There are a number of 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’re 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 start to lose the mental capacity to make your own decisions in the future.
What are the different types of Power of Attorney ?
There are different types of power of attorney and you can set up more than one.
Ordinary Power of Attorney
This covers decisions about your financial affairs and is valid while you have mental capacity. It is suitable if you need cover for a temporary period (hospital stay or holiday) or if you find it hard to get out, or you want someone to act for you.
Lasting Power of Attorney (LPA)
There are two types of LPA which cover decisions about:
Property and Financial Affairs, or Health and Welfare
An LPA comes into effect if you lose mental capacity, or if you no longer want to make decisions for yourself. You would set up an LPA if you want to make sure you’re covered in the future.