Providing vital support in assigning Lasting powers of attorney
powers of attorney
Assigning a power of attorney when the time is right is a decision that can profoundly impact your future and the wellbeing of your loved ones. At AmicusLaw, we understand the gravity of this choice and are here to guide you through the process with care and expertise.
Your power of attorney will have the authority to make decisions on your behalf typically due to illness, disability, or other unforeseen circumstances. They will assume a critical role in managing your financial, legal and personal affairs. They can handle tasks such as paying bills, managing investments, and even making healthcare decisions in alignment with your wishes. The power of attorney ensures that your interests are safeguarded and your affairs are managed efficiently when you cannot act on your own.
At AmicusLaw, we recognise that each individual’s situation is unique. We understand the significance of this legal instrument, and we prioritise the wellbeing and best interests of all parties involved. Our experienced lawyers will work closely with you to define the powers of attorney in a way that aligns with your values and preferences. We not only draft clear and comprehensive documents but also provide guidance and support to your appointed agents, ensuring they fully understand their responsibilities.
We are accustomed to looking after the affairs of clients whether at home or in residential care, are happy to make home visits, and work closely with the caring professionals to ensure a high quality of care and service.
different types of Power of Attorney
There are different types of Power of Attorney. An Ordinary Power of Attorney normally only lasts for a limited period and cannot be used if you become incapable of managing your affairs. Lasting Powers of Attorney (LPAs) (which replaced Enduring Powers of Attorney) last until revoked and are used to appoint someone to act on your behalf in case you are no longer able to deal with matters yourself in the future. There are two types – Property & Affairs LPAs and Personal Welfare LPAs.
A Property & Affairs LPAÂ appoints one or more people to make decisions for you in relation to your property and financial affairs. The power can be as wide or restrictive as you like and can include anything from paying bills to selling your house. You can direct that your Attorney(s) can manage your property and finances whilst you have capacity as well as when you lack capacity.
A Personal Welfare LPAÂ gives your Attorney(s) power to make decisions about your personal welfare, including healthcare matters. This can include medical treatment or whether residential care may be more appropriate for you.
You can also give your Attorney(s) authority to make decisions about day-to-day aspects of your personal welfare but it is up to you which decisions you allow your Attorney(s) to take. If you want your Attorney(s) to make decisions about the withholding of ‘life-sustaining treatment’ this must be expressly given.
Attorney(s) you appoint to make personal welfare decisions on your behalf can only use their powers when the LPA is registered AND you lack the capacity to make these decisions yourself.
Frequently asked questions
Any adult can be an Attorney as long as they are not mentally incapable or bankrupt. We suggest that at least two people are normally appointed and additionally you can indicate who should be notified on any registration of the LPA.
The power you can give your Attorneys can be wide and varied. Depending on whether you choose to make a Property & Affairs or Personal Welfare LPA, you can incorporate provisions ranging from allowing your Attorneys to access and manage your bank accounts to deciding your daily routine. These powers can be restricted or widened depending upon your circumstances and your own particular wishes.
Appointment of your Attorneys does not commence until the LPA is registered with the Office of the Public Guardian (OPG) and this has to be done when the LPA is created. Â You can register the LPA yourself while you are able to make decisions for yourself or it can be registered by your Attorneys. When your LPA is submitted for registration, the Office of the Public Guardian will notify anyone you have said that you wish to be informed of the registration together with the Attorneys. If any of these people have concerns about the LPA, for example they feel you were put under the pressure to make it, they can object to the LPA being registered. This is an additional safeguard against potential misuse. The completed registration application is then submitted with the appropriate fee. The OPG checks the LPA and sets a registration date (currently around 6 weeks from the date the OPG gives notice to anyone who did not join in the application to register). If there any objections, it may take longer to register your LPA whilst these are dealt with.
When an LPA is being registered an initial safeguard as mentioned above is that you can specify who should be informed. They are able to object to the registration, and the OPG will carefully check the LPA and the application anyway to ensure they are satisfied the LPA has been completed properly. Once the LPA is registered the Attorney has a duty to provide accounts and details of how they are managing your affairs id asked to by the Office of the Public Guardian. If the Attorneys act improperly it is possible for their appointment to be terminated.
Unfortunately, it is not possible to clearly identify whether anybody will ever need an LPA or not. Incapacity is hard to predict and the difficulty which arises is that if a person becomes incapable it may then be too late to make an LPA, leaving only the much more expensive Deputyship procedure. A Lasting Power of Attorney can be seen as insurance against the more expensive alternative.
Making an LPA can be quite involved but we aim to make the process as straight forward as possible for you and the benefit of making absolutely clear how property and healthcare decisions should be made for you if you become unable to make these decisions yourself is invaluable.
Understanding the role of the Court of Protection
by Alex Parris
Alex Parris
Associate (MCILEX)
The Court of Protection is a specialist court that deals with the affairs of people who lack the mental capacity to make decisions for themselves. This can include people with dementia, learning disabilities, brain injuries, and other mental health conditions.
The Court of Protection can make a variety of decisions on behalf of people who lack capacity, including:
- Financial decisions, such as managing bank accounts, paying bills, and buying and selling property
- Health and welfare decisions, such as consent to medical treatment, place of residence, and contact with family and friends
The Court of Protection’s primary function is to protect the rights and interests of people who lack capacity. It does this by ensuring that all decisions made on their behalf are in their best interests.
The Court of Protection is also responsible for monitoring and supervising the work of deputies. Deputies are people who are appointed by the Court of Protection to act on behalf of a person who lacks capacity.
Anyone who is concerned about the wellbeing of a person who may lack capacity can apply to the Court of Protection. This can include family members, friends, carers, and professionals such as social workers and doctors.Â
If no one is willing or able to act as a Deputy, the Court of Protection can appoint a Panel Deputy who is someone pre-approved by the Court.
How does a Court of Protection case work?
In making an application to the Court of Protection, an assessment will need to be carried out to determine whether the person lacks capacity. If the assessment finds that the person does lack capacity, the court may appoint a deputy to make decisions on their behalf. Many cases are decided without a court hearing.
What happens if I disagree with a decision made by the Court of Protection?
If you disagree with a decision made by the Court of Protection, you can appeal the decision.
How to get help and advice about the Court of Protection.
If you are concerned about a person who may lack capacity, or if you have any questions about the Court of Protection, you can contact the Office of the Public Guardian (OPG). The OPG is a government department that provides information and advice about the Court of Protection.
AmicusLaw specialise in Court of Protection law, for further advice contact our team.
More from PRIVATE CLIENT
Our PRIVATE CLIENT Team
Sue Pope
Legal Assistant
Shona Young
Private Client Paralegal
Suzi Koszler-Allen
Solicitor
Adam Hillier
Associate Solicitor
CONTACT OUR PRIVATE CLIENT TEAM
Please provide us with a few details of you and your situation so we can find the perfect team member to help you.