Lasting Power of Attorney & Court of Protection

Putting your future affairs in order

Have you considered what might happen if you or a family member were no longer able to look after yourself or make decisions either through illness, injury or old age?

You can put in place Lasting Powers of Attorney (LPA) in which you appoint people of your choice to manage your affairs (known as an attorney) either now or should you become unable to do this yourself. LPAs can only be made by someone with the capacity to fully understand the implications of what they are doing.

There are two types of LPA:

  • Property and Financial Affairs LPA – this gives the appointed people authority to deal with your financial and related affairs.
  • Health and Welfare LPA – this gives the appointed people authority to decide where you live and deal with issues such as your care and treatment, but only if you become unable to make these decisions yourself.

Although it may be difficult for you to think about, putting an LPA in place will make things easier for you and your loved ones should you require assistance or something happen to you. Our specialist team will explain what is involved and discuss the options with you.

What if there is no LPA in place and you need to make decisions for someone else?

If a family member or close friend has lost the ability to make decisions about their own affairs and they have not created an LPA, we can help you apply to the Court of Protection to become their ‘deputy’ so you can manage their affairs on their behalf. Or if you prefer, we can take on the role of professional deputy, reducing the stress you could face making decisions for someone else.

What is the Court of Protection?

What if a person lacks the capacity to make their LPAs or is unable to make their own decisions on property and financial affairs or health and welfare matters? In these circumstances and others, a friend or family member may choose to apply to the Court of Protection for an order which entitles them to act on behalf of that person. This order is known as a Deputyship Order. The Court of Protection is a court that specifically deals with making these decisions on a person’s behalf.

What if there is no Will in place?

If there is no Will, we can also apply to the Court of Protection for a Statutory Will. The instructions included will be based on the evidence surrounding that person’s life and family and the wishes they would have made if they were able to.

For more information
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