Bryan & Co

LPA’s

Lasting Powers Of Attorney

A Lasting Power of Attorney (LPA) is a legal document that allows you (known as the Donor) to appoint one or more people as your Attorney(s) and once registered gives your Attorneys the authority to help you make decisions or to make decisions on your behalf. It goes without saying that this person or persons must be someone you absolutely trust.

To make an LPA you must be over 18 years and must have mental capacity (the ability to make your own decisions). It might be the case that you have just been diagnosed with dementia and wish to plan for the future.

 

There are Two Types of LPA

LPA for Property and Finances

Property and Finances – If you make a property and finances LPA you can choose for this to come into effect upon registration or only when you lose mental capacity. The LPA should be registered with the Office of the Public Guardian and cannot come into effect until it has been registered. A property and finances LPA will cover such things as paying bills; paying the mortgage; buying and selling property. If you choose us to help you through this process we will carefully take you through the decisions that your Attorney can and cannot make on your behalf.

An LPA is useful as a spouse/partner would have no direct authority without it to manage your finances or bank accounts.

An Attorney acting under a property and finances LPA should keep records of accounts and is governed by the Office of the Public Guardian under the control of the Court of Protection.

LPA for Health & Welfare

This covers health and welfare decisions but cannot come into effect until you lose your capacity. The Attorney acting under this LPA can make decisions about your medical care; daily routine; where you should live and you have a choice to give permission about life saving treatment. You should appoint someone who knows and understands you.

If you have mental capacity you can choose to cancel an LPA at any time.

If you would like to discuss an LPA and the consequences of making one please contact us. If you were to lose capacity without an LPA then the alternative would be for someone to apply to the Court of Protection to become your Deputy on the basis that you lacked mental capacity.

Losing mental capacity can occur due to:

– Serious brain injury or illness
– Dementia
– Learning difficulties

As a Deputy you will have authority from the Court of Protection to make decisions on a person’s behalf.

The process for applying to the Court of Protection to become a Deputy involves an application to the Court of Protection with the fees being higher that those to register an LPA.

 

There are two types of Deputies:

1. Property and financial affairs

Here you will have been granted authority by the Court of Protection to manage a person’s finances and property.

2. Personal Welfare Deputy

This will allow you to make decisions about a person’s medical treatment and how they will be looked after.

 

How to Become a Deputy

You make application to the Court of Protection.

The Court will require details of your finances to ensure you are a fit person to become a Deputy. The Court will check whether the person needs a deputy and will also ensure there are no objections to your appointment.

A Court Order will be made saying what you can and cannot do.

Once appointed you must send an annual report to the Office of the Public Guardian each year setting out the decisions made and monies spent.

The Court of Protection is there to safeguard people and therefore Deputies must take their roles seriously.

It is possible to apply to the Court of Protection for one single important decision – a “one off” Order.

If someone has lost mental capacity and you wish to be appointed as their Deputy please contact us and we can discuss a Court of Protection application with you.

Copyright © 2024 Bryan & Co