An LPA is made by the person before they lose mental capacity and they appoint who 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. If the person does not have any relatives or does not want their family involved they can appoint a solicitor who can act on their behalf.
In instances where someone has not made an LPA and they lose capacity, an application is made by whoever comes forward to make the applications to the Court of Protection. This may be a relative that the patient would not have chosen. A deputy must be over the age of 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 does not approve them.
If someone has no close family to apply as a deputy then 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 as to who is appointed.
If you require assistance with the preparation and registering of LPAs or wish for a solicitor to act as attorneys under the LPA either alone or jointly with family members, then please do get in touch.
Where no LPA has been made, we can also support you with the application process to be appointed as the deputy for a person who has lost capacity.