When a person has lost their mental capacity, it can be difficult to know what the best course of action is. Lasting Powers Of Attorney grants you legal authority over your loved one’s affairs while Deputyships give them more control than just hands-on management; however, they may take longer and cost significantly more money or time than an attorney will do in this instance.
Lasting Powers of Attorney can only be made when someone has sufficient mental capacity to understand the document and agree with every term they’re signing.
A power of attorney is a legal document that appoints one person as your representative, giving them permission (or authority) to make decisions for you if something happens like not being able or unwilling anymore due to circumstances beyond your control such as medical emergencies where they need full autonomy over healthcare decisions.
Our advice is generally to put in place an LPA long before they are needed, to avoid your loved ones having to apply for Deputyship further down the line.
A Deputyship is a legal device that allows an individual to take over another’s financial, property and health decisions when they are no longer able. This often comes at the time of moving into permanent residential care for loved ones who may need help managing their affairs in order to live comfortably during this transition period.
In this situation, family may be left to sell the family home, arrange payment of care fees. A Deputyship may be required when a person of any age loses mental capacity, or the ability to express their wishes.
The Court of Protection: is a court in the UK that grants deputyship to individuals. The process for applying includes an expert medical officer conducting an assessment on behalf of local authorities, who will check if you no longer have the capacity and can make decisions yourself or not. A deputy is the legal term for the person appointed by the court of protection and has the legal authority to manage someone’s affairs.
If you need to arrange the making of your LPA or to discuss the arrangement of Deputyship, our specialist solicitors in Enfield are able to help.