Lasting Power of Attorney and Deputyship
Trusted Family-Run Solicitors
Assigning Lasting Power of Attorney and Deputyship in Cumbria and the Lake District
Trust Davenport & Scott Solicitors Limited to deliver services relating to Lasting Power of Attorney (LPA) or deputyships. Serving clients throughout Ambleside, Cumbria, and the Lake District, we produce legal documents to enable one or more people to either help you make decisions or make decisions on your behalf if you “lack mental capacity” due to an accident or illness. We can also assist in obtaining Deputyship should your loved one not have Lasting Powers of Attorney in place already but no longer has the capacity to make any decision for themselves.
Contact us today to discuss your needs.
Lasting Power of Attorney (LPA)
A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf.
This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (you ‘lack mental capacity’).
To create a Lasting Power of Attorney you must be over 18 years of age and have mental capacity. A Lasting Power of Attorney cannot be made by a person who is no longer mentally capable of making their own decisions.
There are two different types of LPA, Health & Welfare and Property and Finance.
Health & Welfare includes your daily routine, for example washing, dressing, eating, medical care, moving into a care home and life-sustaining treatment. In this sad day and age when the NHS is under particular pressure, being able to have a say if the Attorney is the person who is unwell is extremely valuable.
Property and Finance incudes such things as managing a bank or building society account paying bills, collecting benefits or a pension and selling your home.
Before making an LPA you will need to consider who your attorney(s) is/are going to be, and also who the replacement attorney(s) will be should your first choice be unavailable. We can guide you through the process.
Once the LPA forms are completed they will need to be registered with the Office of the Public Guardian. Note – this can take up to 20 weeks.
It costs £82 to register each LPA unless you are eligible for a reduction or exemption.
Health and Welfare
This LPA includes your daily routine, e.g., washing, dressing, eating, medical care, care home residency, and life-sustaining treatment. In this sad day and age when the NHS is under particular pressure, it’s extremely valuable for people who are unwell to have an Attorney to make decisions about private care.
Property and Finance
This LPA includes financial and property matters. This ranges from managing a bank or building society account to selling your home, ensuring that you can continue paying bills and collecting benefits and pension payments if you lose mental capacity.
Deputyship
If a person no longer has mental capacity, they cannot make an LPA. In these cases, you can apply to become someone’s deputy if they do not already have an LPA in place. As a deputy, you’ll be authorised by the Court of Protection to make decisions on their behalf.
Deputyship can be a time-consuming and costly process and so we would advise that it is only considered as an option if it is not possible to apply for an LPA – for example, if capacity is lost due to a sudden event. As part of your responsibilities, you must also send an annual report to the Office of the Public Guardian (OPG) each year explaining the decisions you’ve made.