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.
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