Lasting Powers of Attorney (LPAs) and Deputyship Orders are both legal appointments of a person or persons to deal with the affairs of another person who lacks mental capacity to deal with their affairs themselves. Both appointments can be made to deal with the person’s financial matters or their health and welfare.
There are, however, major differences in the procedures involved in setting up LPA and Deputyship appointments.
An LPA is made by an individual whilst they still have mental capacity. They can therefore appoint Attorneys of their choice to act on their behalf. They can control the powers given to the Attorneys by imposing conditions or restrictions. These documents are, therefore, more likely to reflect the personal wishes of the person who loses capacity.
Once an LPA is drawn up and signed by all the parties involved it must be registered with the court before it can be used. It can usually be put in place within 2 to 3 months. Once registered, the Court will have no further involvement unless there are any concerns about an Attorney’s actions which come to the Court’s attention.
What if an LPA has not been made?
If a person has not made an LPA and they lose capacity, the only option is for someone to make an application to the Court of Protection to be appointed as a Deputy. The application can be made by anyone who comes forward to do so. This may be a relative or other person whom the patient may not have chosen. If someone does not have family to apply as a Deputy, the court can appoint the local authority or a professional Deputy such as a solicitor to act. Appointment of a professional Deputy will incur considerable costs for the work carried out. These costs will be borne by the person who has lost capacity.
Appointment of a Deputy...
The appointment of a Deputy is a far longer and more expensive process than making an LPA. The costs can run into thousand of pounds when taking account of court fees, solicitor’s fees and indemnity insurance. Depending on the value of the patient’s estate there may be supervision costs each year and annual accounts must be submitted for examination by the court. If a significant decision has to be made it may be necessary to first obtain permission from the court which will involve further legal costs.
The need to appoint a Deputy can be avoided by making an LPA while you are still able to do so. Don’t wait until it is needed as it may be too late! Yes, it is something of an insurance policy and when you make it you hope you never need it. If it is needed, it can save your family or those close to you, considerable stress and heartache. It also ensures that you get the help you need at the earliest opportunity.
At Timms we can help with every stage of the preparation and registering of the LPAs. If necessary, we can act as Attorneys if professional help is required. If a person has lost capacity and has not made an LPA, we can help with all the steps needed to make a Deputyship application.
For further information, please contact me on 01283 214231 or at k.baldock-grimes@timms-law.com.
