When a person can no longer handle or manage their own affairs, this is when a Lasting Power of Attorney comes into play. This situation could happen to anyone at any age and be because of illness, disability or mental impairment. Simple matters may become impossible such as handling a bank or building society and purchasing a house.
In the event that you are no longer capable of handling or managing affairs and you don’t have a LPA in place, then an application can be made to the Court of Protection. They will appoint a Deputy who will manage all the affairs for you. There are associated disadvantages to this as you will be expected to pay significant legal fees and the Deputy may not know about your personal circumstances.
You have two types of lasting powers of attorney:
A deputy order gives the appointed deputy or deputies the ability to make decisions on behalf of someone who has lost the capacity to make decisions for themselves. To obtain a deputy order an application must be made to the Court of Protection. If the application is successful the Court will grant a deputy order setting out the deputy’s powers. There are two applications that can be made one being in relation to finances and the other health and welfare.
You will need to make a deputy application when there is no Lasting Power of Attorney (or Enduring Power of Attorney) in place and the person in question no longer has the mental capacity to appoint attorneys.
If you already have a Lasting Power of Attorney in place you may want to have this reviewed and also may want to make a Health LPA.
Our experts can give you the right Lasting Power of Attorney guidance to ensure that you are covered by the right type. Contact your local branch in Bulwell or Hucknall to book an appointment to discuss Lasting Power of Attorney.
Do English Wills cover overseas assets?
Removing a deceased from the Title Deeds
Bank Accounts and Mental Capacity
Lost Unregistered Deeds
Accumulation and Maintenance Trusts: coming to an end
What is the difference between the Legal and Equitable ownership in Trusts?
Who is liable to actually pay Inheritance Tax if it is due?
12 reasons why you should have a Lasting Power of Attorney
Powers of Attorney: Can I sell a jointly owned property?
What happens if an Executor doesn't want to act on my Will?
What are the different types of lasting Powers of Attorney?
Wills & LPAs - Very efficient. Very happy to sort others matters and gave useful tips on other matters.
Sheltons Solicitors is a trading name of Edward Hands & Lewis Limited, a company registered in England & Wales with company number 07001422 having its registered office at City Gate House, 11 St Margaret’s Street, Leicester, LE1 3EA. The directors are Jason Hathaway, Leanne Hathaway, Andrew Robinson, Paul Stubbs and Emma Fuller. We use the word “Partner” to refer to the most senior individuals at Edward Hands & Lewis Limited and its use in connection with the business of Edward Hands & Lewis Limited should not be construed as an indication that any individual carries on business in Partnership with any other individual within the meaning of the Partnership Act 1980, or that they are personally liable to you or any other party for any acts or omissions. Individuals named as Partners owe no personal obligations to you in either contract or tort, nor does the title “Partner” mean that they have any authority to bind the firm. We are authorised and regulated by the Solicitors Regulation Authority and our registered practice number is 533589. Our VAT No. is 114080418.