Lasting Powers of Attorney

Like Wills, Lasting Powers of Attorney should be considered by everyone not just the elderly.  The one thing we can all be sure about in life is that you should expect the unexpected.

There are two types of Lasting Powers of Attorney – Property and Financial Affairs and Health and Welfare.

The Court of Protection

Without a LPA in place if capacity is lost and affairs must be managed an application for a Court of Protection Order is inevitable. This can be a long, complex and expensive process but something that is all too familiar to a Solicitor for the Elderly.

Clair has assisted many clients over the years who have found themselves in the difficult situation of trying to help a relative or loved one who has lost mental capacity without having put a Lasting Power of Attorney in place.

Loss of mental capacity can happen for various reasons and this loss is not always by the elderly. It may be due to a mental condition, such as Alzheimer’s or Dementia, the result of a serious accident or sudden illness such as a stroke.

In such circumstances, a Solicitor for the Elderly can provide legal advice, setting out the options available and how best to resolve the difficulties which arise.

If you are the person applying to the Court of Protection to be appointed a Deputy and are concerned don’t think twice about picking up the phone and asking for some advice.

Briefly – There are two different types of deputyship

  1. Property and Affairs Deputy

A Property and Affairs deputy is the most common form of deputyship. This type of deputy is appointed to manage a person’s financial affairs.

  1. Personal Welfare Deputy

A Personal Welfare Deputy is rare.

The Court of Protection does not usually appoint deputies to make continuing decisions about someone’s health and welfare unless regular treatment or supervision is needed.

How do I Apply for a Deputyship Order?

To apply to become a deputy, you need to make an application to the Court of Protection.

Clair Dunkerley or one of her team at TMJ Legal Services can make an application on your behalf.  These applications are dealt with regularly and there is familiarity with court procedures, to try and ensure that the application is progressed without difficulty and in a timely fashion. You must always bear in mind that the Court of Protection process does take time and again this is a reason for having a Lasting Power of Attorney in place available for use immediately if a crisis arises.