Lasting Powers of Attorney
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Manners Pimblett have solicitors specialising in advising clients in relation to Lasting Powers of Attorney.
A person may become incapable of making their own decisions for any number of reasons. They may have Alzheimer’s disease or dementia, have suffered a stroke or have been involved in an accident. Whilst it is not a pleasant thought, it is important to remember that mental incapacity is not something that only affects the elderly. It is therefore never too soon to put your affairs in order.
So what are Lasting Powers of Attorney?
Whilst you have capacity you can make a Lasting Power of Attorney. This is a legal document which allows you to choose another person or persons (your attorneys) to make decisions on your behalf, should you ever become incapable in the future.
There are 2 types of LPA:
health and welfare property and financial affairs
You can choose to make one type or both
Health and Welfare Lasting Powers of Attorney
This LPA gives an attorney the power to make decisions about things like: your daily routine, for example:
washing, dressing, eating
moving into a care home
where you should live
who you should have contact with
what kind of social activities you should take part in
Property and Financial affairs Lasting Powers of Attorney
This LPA gives an attorney the power to make decisions about money and property for you, for example:
managing a bank or building society account
collecting benefits or a pension
buying and selling property
paying the mortgage
arranging repairs to property
So what happens if you don’t have Lasting Powers of Attorney?
If you have a loved one who is unable to manage their own affairs because they lack mental capacity and if they do not have a Lasting Power of Attorney or Enduing power of Attorney in place, then it is possible to apply to the Court of Protection for an order enabling you to deal with the individual’s affairs their behalf.
Court of Protection for Deputyship orders
A deputy is usually a relative or close friend who is approved by the Court of Protection to manage the affairs of a person who is judged not to have the mental capacity to do so for themselves. In certain circumstances a professional such as a solicitor can be appointed by the Court.
Property and Affairs
This is most common form of deputyship. This is where the appointed person takes over the responsibility for the individual’s financial affairs and decisions over property. If the individual does not have any savings or property and the only income is social benefits, then there may be no need for a deputy to be appointed as the DWP could manage this. We would be able to advise you of this.
Personal Welfare Deputyship
This is the rarer form of deputyship. This is where the individual is no longer able to make important decisions about his/her care and treatment, and they have not appointed anyone to act prior to their decline in health. Deputies in these cases are only appointed in exceptional circumstances when a decision can be reached in the best interests of the person. The COP does not usually appoint deputies to make ongoing decisions about someone’s health unless regular treatment is required. (This is more common in younger people.)
If there is a disagreement as to what is in the person’s best interest, it may be necessary for the court to intervene.
Here at Manners Pimblett we understand that this is a very personal area of law and our specialist solicitors are here to advise you on the best course of action to take. If you would like to know more about Lasting Power of Attorney or Court of Protection for Deputyship Orders, please call one or our team Linda, Clare or Suzanne for more information.
Please email firstname.lastname@example.org or call 01625 850 888 if you have any queries.
Linda Salah Best
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