Lasting Powers of Attorney & Court of Protection
We regularly advise clients in connection with Lasting Powers of Attorney (often called “LPAs” for short) and applications to the Court of Protection.
A Lasting Power of Attorney allows you to appoint a trusted friend or relative to make decisions on your behalf in the event you become unable to do so yourself – usually due to incapacity or illness. These decisions could relate to your health, welfare, personal care, personal property or even your financial affairs. A related document known as a ‘Property and Financial Affairs LPA’ can be used by individuals who still have decision making ability but want to appoint someone to deal with their business affairs on their behalf – quite often because they are aboard and simply unable to attend to matters themselves.
If a ‘vulnerable’ person (such as a child or incapacitated adult who hasn’t made an LPA) needs assistance in managing their affairs, an application can be made to the Court of Protection to have a Deputy appointed to manage the individual’s affairs on their behalf. Similarly, if a person has not made a Will, and lacks the testamentary capacity to do so, an application may be made to the Court of Protection for the grant of a Statutory Will.
Our private client team will be able to assist you make a Power of Attorney, make an application to become a Deputy or have a Deputy appointed to, or a Statutory Will granted to, a loved one. In addition, if you are a Deputy or attorney (under an LPA or enduring power of attorney) who needs advice, we can advise you of your role, responsibilities and duties.
We can also advise you about other matters relating to a person’s capacity and welfare, such as the Deprivation of Liberty Safeguards.
Representative LPA & Court of Protection Work
Examples of our team’s LPA & Court of Protection work include:
- Advised on an application to the Court of Protection for the appointment of a Deputy residing overseas to manage the affairs of a UK resident relative.
- Advised on the removal of an unsuitable Deprivation of Liberty representative on behalf of a Deputy.
- Advised several clients in relation to the Mental Capacity Act 2005, and relevant case law, in connection with capacity assessments by the Court of Protection.
- Advised Deputies on their duties and responsibilities as Deputies under the Mental Capacity Act 2005 including in relation to the preparation of an annual Deputyship Report and Accounts.
- Advised on applications to the Court of Protection in relation to matters falling outside the scope of powers granted to deputies under Deputyship Orders; including extensions of powers to deal with financial and tax planning matters and the recovery of expenses.