Powers of Attorney

Sometimes people lose the ability to make their own decisions. This is often referred to as loss of mental capacity. It can be a gradual process linked to old age, but it can happen very suddenly as a result of a serious accident or health problem, such as suffering a stroke.  You can plan for this by appointing someone else to have the power to make decisions on your behalf, should you ever lose your mental capacity.  

• Lasting Powers of Attorney
• Court of Protection deputyship

 A lasting power of attorney (LPA) is a legal document which allows people, while they are still mentally able, to appoint people to help make decisions or to make decisions on their behalf in the event that they are unable to communicate the consent themselves.  

This gives you more control over what happens to you if, for example, you have an accident or an illness and can’t make decisions at the time they need to be made.  

There are 2 types of LPA: -

• Health and welfare 
• Property and financial affairs  

We are able to advise you in relation to each, in order to match your needs at the time you see us.  

A deputyship is when a person is appointed by the Court of Protection to be legally responsible for someone who lacks the capacity to make informed decisions for themselves. Deputyships apply when there is no power of attorney in place.

If your child has never had mental capacity, or your loved one or friend has lost mental capacity through a degenerative disease, serious accident or old age, it’s likely that you will be considering what steps you can take to help them safeguard their assets and protect their interests in the future.

If the is no Lasting Power of Attorney in place, an application can be made to the Court of Protection for a Deputy Order which asks the Court to appoint a Deputy after considering all the circumstances of the application about the person concerned.