Lasting Powers of Attorney (LPA) and Deputy Orders are legal appointments of a person or person’s to deal with the affairs of a who no longer have mental capacity. Appointments can be made to make decisions about the person’s financial matters or their health and welfare.
What are the differences between an LPA and Deputy Order?
A lasting power of attorney (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 a lasting power of attorney and they lose 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 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 of 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.
Preparation and registering of LPAs or wish for a solicitor to act as an attorney under the LPA either alone or jointly with family members, then please do 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 for a person who has lost capacity.
Contact Our Expert Power of Attorney Solicitors:
If you would like to contact us regarding either of these matters please call us on 0208 903 7017, or contact us via e-mail.
For Power of Attorney
Contact Navjiven Mandair - firstname.lastname@example.org
Alternatively, please go to our contact us page where you can fill out a simple form and our power of attorney solicitors will call you back.