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 also provide deputyships for those who don’t already have LPAs in place. Contact us today to discuss your needs.
Lasting Power of Attorney (LPA)
….consider who your Attorney or Attorneys will be, and whether a replacement Attorney should your first choice or choices be unavailable. You should also consider whether you wish to place any restrictions on what they can or cannot do and in the case of the Health and Welfare Power of Attorn, giving instructions to your attorneys as to what to do in certain circumstances.
We strongly recommend that all persons have Power of Attorney and it is often sensible to consider these when making a Will.
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.
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.