No-one likes to think about losing the capacity to look after their affairs. But it happens. And lasting powers of attorney and deputyship are two ways in which your financial and personal affairs can be managed should you lose the capacity to manage them yourself.
We’re used to handling sensitive issues and will guide you or your family through the process. No legal jargon and your best interests at heart.
Which is the best solution?
A lasting power of attorney (LPA) allows you to appoint someone to act on your behalf should the need arise. The document can be prepared and registered with the court in advance and then left until needed. You have more control and can specify how you want it to work.
Deputyship is a much more expensive and lengthy process because it is requested when the person no longer has sufficient capacity to give instructions themselves. In this instance, it is possible to apply to the court to be appointed to act as a deputy on their behalf, for either financial decisions or for personal welfare issues. And so we’d usually recommend taking out an LPA. However, we have plenty of experience of handling both.
Download our fact sheet if you’d like more information on lasting powers of attorney or contact us.
Often asked ...
Who can I appoint?
Anyone you like provided they are over 18, not bankrupt and are also willing to act on your behalf.
Can I appoint more than one person?
Yes, although consideration must be given as to how they are to act. Would you want them to act together at all times or any one of them to act or even just to succeed each other in the event that one can no longer manage your affairs?
Can they only act if I lose capacity?
The lasting power of attorney can be used as soon as it is registered with the court. However if you would prefer them not to act until you have lost capacity, we can make provision for this in the document.
What decisions can they make?
Under a financial lasting power of attorney, they will be able to deal with any assets that you own and deal with them as you would wish. However it is possible to add restrictions to their powers if there are certain things you would not wish them to be able to do.
Under a welfare power of attorney, decisions relating to residence, visitors, health checks and treatment are all covered. You may also make statements relating to life sustaining treatment if you wish.
Can I change my mind?
Whilst you have capacity, you can revoke the power at any time. If it has been registered, the court will also need to be informed of the decision. If you no longer have capacity and other people have concerns over the way your Attorneys are acting, they can apply to have the power revoked on your behalf.
When does the Power come to an end?
The Power ceases upon your death. At this point responsibility for your assets and affairs passes to your executors under the terms of your Will or to your next of kin under the rules of intestacy.
