Most people think about what will happen to their assets after they pass away but few think about the importance of planning for a change of circumstances during their lifetime. Our team can help to ensure the right legal measures are in place so that your needs can be met no matter what the future brings.
Powers of Attorney & Deputyship Applications
A Lasting Power of Attorney (LPA) can be used to overcome many of the practical issues that arise when someone can no longer manage their own affairs. It can allow a trusted individual to make important decisions regarding your future care needs and/or give them authority to take care of your finances and home.
If a loved one has already lost the mental capacity to manage their affairs, you can instead apply to the Court of Protection to become their deputy. This gives you the authority to make decisions for your loved one, including over decisions such as what medical treatment they will have and how their finances are managed.
Our solicitors provide sensitive, practical advice and guidance for these complicated issues, giving you the peace of mind that you or your loved one will always have the right help for any important decisions that need to be made.
Our Lasting Power of Attorney and Court of Protection services
We can help you apply for a Lasting Power of Attorney or to become a Court of Protection deputy, as well as advising you on your duties as an attorney or deputy.
There are different types of LPA and Court of Protection deputyship, giving authority to the attorney or deputy over different aspects of a vulnerable person’s affairs. Which you need to create or apply for will depend on the circumstances.
Lasting Powers of Attorney
There are two types of Lasting Power of Attorney you can create:
Health & Welfare LPA – This gives someone the authority to decide issues such as what medical treatment you can receive, whether you will be place in a care home and whether you should be given life-sustaining treatment if required, as well as day-to-day issues, such as your diet, washing and what clothes you wear.
Property & Financial Affairs LPA – This allows your attorney to make decisions about issues such as managing your income, paying your bills and selling your home, if required.
Exactly what powers an attorney has under a Lasting Power of Attorney will be up to you as the person creating it, so this is something you should consider in consultation with your loved ones and your solicitor.
Court of Protection Deputyship
There are two types of Court of Protection deputyship you can apply for:
Property and financial affairs deputy – This can give you the authority to make decisions about things such as a collecting a person’s pension, managing other income, paying bills and deciding whether to sell their home.
Personal welfare deputy – This can allow you to decide about issues such as what medical treatment a person receives and how they are looked after.
The Court of Protection will decide exactly what decisions a vulnerable person may need help with, which will be heavily dependent on the assessment made by an independent medical expert and the circumstances.
Common questions about Powers of Attorney & Court of Protection Deputyship
How do you register a Lasting Power of Attorney?
Once a Lasting Power of Attorney has been made, it will need to be registered with the Office of the Public Guardian (OPG).
You can register an LPA yourself, have your attorney do it or our solicitors can assist you with registration.
It usually takes around 8-10 weeks to register an LPA, but can take longer if there are any issues with your application. Having our solicitors handle the registration for you can reduce the risk of mistakes, allowing your LPA to be registered faster and will less stress.
What is the difference between a Lasting Power of Attorney and an Enduring Power of Attorney?
Lasting Powers of Attorney replaced Enduring Powers of Attorney (EPAs) from 1 October 2007. They serve broadly the same function, but LPAs provide more flexibility, allowing you to create a Property and Financial Affairs LPA, a Health and Welfare LPA or both, depending on what decisions you believe you will need help with in the future.
Can you still register an Enduring Power of Attorney?
An EPA made before 1 October 2007 can still be registered and an EPA that has been registered can still be used.
Can you challenge a Power of Attorney?
If you have concerns about the suitability or conduct of someone who has been named as an attorney, or who is acting under a Power of Attorney, you may be able to challenge their appointment by contacting the Office of the Public Guardian (OPG) and/or the Court of Protection.
Our solicitors can advise you on your options and represent you during any subsequent proceedings, making sure your loved one’s needs are taken care of and their wellbeing stays protected.
Who can be a Court of Protection deputy?
Anyone aged 18 or over can apply to the Court of Protection to become a deputy, but usually applicants will be a relative or close friend of the person needing support.
Professionals such as solicitors and accounts can also sometimes act as deputies if there is nobody else willing or able to do so, or where they specialist expertise is considered beneficial.
Can you make a Will for someone with dementia?
If someone lacks mental capacity, for example due to dementia, and they do not have a Will or their Will is not up-to-date, you can apply to the Court of Protection to make a Statutory Will on their behalf.
Depending on the circumstances, the Court may simply grant your application for a Statutory Will or you may be required to attend a hearing to justify the application (for example, where someone who is set to lose out in the proposed new Will has raised an objection).
Our solicitors can advise you on creating a Statutory Will and represent you in any subsequent proceedings, helping you to get certainty over the future of your loved one’s estate.
Why choose Henriques Griffiths’ Lasting Power of Attorney and Court of Protection solicitors?
Our lawyers are highly experienced in supporting individuals and their loved ones with all the issues surrounding mental capacity. We can offer the empathetic expertise you need to make sure all eventualities are considered, so you never need worry whether your affairs or those of a loved one will be correctly managed.
As part of the firm’s Wills, Trusts and Probate team, we can also advise you on making a Will, creating and managing trusts and all aspects of estate planning and administration.
Henriques Griffiths is Lexcel accredited by the Law Society for our excellent practice management and client care. We are regulated by the Solicitors Regulation Authority (SRA) providing assurance that we continually meet the highest legal and professional standards.
Get in touch with our Lasting Power of Attorney and Court of Protection solicitors
For help creating a Lasting Power of Attorney or applying to become a Court of Protection deputy, please call us on 0117 909 4000 or use the links below to make an enquiry or request a call back.