Lasting Power of Attorney & Court of Protection
Lasting Powers of Attorney (LPAs) replaced Enduring Powers of Attorney in 2007. An LPA is a document which allows you to appoint someone to make decisions about your finances and/or healthcare at a time when you might not be able to make those decisions yourself.
There are two different types of LPA you can make:
- Property and Financial Affairs
- Health and Welfare
In order to take effect, a signed LPA must be registered with the Office of the Public Guardian.An LPA must include a certificate completed by an independent third party, who will confirm the following:
- An individual understands the scope and purpose of the LPA
- No pressure was exerted to execute the LPA
- No other factor prevents the completion of the LPA
A deputy is a person appointed by the Court of Protection to manage the affairs of someone who lacks the mental capacity to manage their own affairs. If you want to manage an individual’s personal welfare and/or financial affairs, and that person does not have sufficient mental capacity, then you must apply to the Court of Protection to be appointed as a Deputy. A deputy is usually a friend or relative of the person who lacks capacity, but in some circumstances could be a professional such as a solicitor or accountant or another professional appointed by the court.
A Deputy will not be required if the person lacking capacity has previously made a Lasting Power of Attorney (LPA). In this case, provided the LPA has been properly registered, the attorney can continue to make decisions on behalf of the individual lacking capacity.
A Deputy can be appointed by the court to act as:
A Property and Affairs Deputy – making decisions about property and financial affairs, including the sale and purchase of property.
- A Personal Welfare Deputy – making decisions about health and personal welfare, including treatment options.