Lasting Powers of Attorney and Deputyship Orders

Lasting Powers of Attorney (LPA)

There are two types of LPA:

1. Property and Financial Affairs
2. Health and Welfare

Property and Financial Affairs LPA

This LPA will allow your attorneys to assist and act on your behalf in relation to your property and finances. You can decide if they are to act for you straight away (if there is a need) or only if you become mentally incapable of managing your financial affairs.

Your attorneys would be able to:

• manage your bank accounts, pensions and investments;
• sell or buy properties on your behalf;
• pay your day to day bills;
• deal with your taxes.

Health and Welfare LPA

This LPA would give your attorneys authority to make decisions in relation to your welfare and health care decisions, when you lack mental capacity to do so yourself.

Your attorneys would be able to:

• ensure you receive appropriate dental and optical treatment;
• make decisions on day to day issues such as your diet, dress or daily routine;
• decide where you should live and who you should live with.

The authority could also extend, if you wish, to a range of medical issues including giving or refusing consent to the continuation of life-sustaining treatment such as surgical operations, chemotherapy or organ transplant.

General Power of Attorney

A General Power of Attorney allows an Attorney to make financial decisions on your behalf for a temporary period of time.

However, as soon as you lose mental capacity, the General Power of Attorney will expire. This means it's not suitable if you need someone to manage your affairs after you've lost the ability to do it yourself.

You may want to set one up if, for example:

• you need someone to act for you when you are on an extended holiday or are having a spell in hospital;
• you’re finding it harder to get out and about, or you want someone to be able to access your account for you;
• you want someone to act for you while you’re able to supervise their actions.

Deputyship Order

The above Powers of Attorney can only be made by a Donor if they have the required mental capacity. If a Donor does not have capacity, then a Deputyship Order may be required.

A person who takes out a Deputyship Order on behalf of someone else is known as a Deputy, and is authorised by the Court of Protection to make decisions on that person’s behalf.

We can help prepare applications on behalf of a prospective Deputy, and we can also assist deputies in managing their deputyships and in making further applications to the Court when required.

Registration of Enduring Powers of Attorney

We also deal with the registration of existing Enduring Powers of Attorneys and can advise on the duties of an Attorney.

Managing the affairs of a Donor

We can act as Attorneys and regularly assist with the day to day management of a Donor’s affairs.