Lasting Power Of Attorney & Court Of Protection

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Introduction

Our experienced team deals with all aspects of making, registering and managing powers of attorney, and making applications to the Court of Protections.

Lasting Powers of Attorney (LPAs) are something people often only think about when it is too late. We have had several clients come to us to prepare LPAs for a loved one when they have already lost capacity. At that point, it is too late, and we must apply to the Court of Protection for Deputyship, which is a much longer and more expensive process. For that reason, you should think about LPAs now before it’s too late.

We advise clients on a wide range of such matters including:

General Powers of Attorney
Lasting Powers of Attorney (LPAs) of which there are two types
Property and Affairs LPAs, for dealing with financial matters, payment of bills, sale of property/investments to realise funds if necessary and re-investing to maximize assets
Health and Welfare LPAs, to deal with matters such as where you live, moving into a care home, and refusal of medical treatment, should it be the case that you are unable to do so yourself
Enduring Powers of Attorney (EPAs) – these are still valid if signed before October 2007, and we deal with registering them with the Office of the Public Guardian
Court of Protection Deputyships– for situations where clients become mentally incapacitated and have not made an LPA or an EPA, to appoint a trusted family member or close friend, or professional to be a Deputy

Interesting Cases

In one matter, we were preparing Wills for a married couple and the husband wished to have an LPA in place as he had early-stage dementia. On speaking to him, we were satisfied that he had the capacity to make a Will and LPA. However, between our meeting and us preparing the Will, he attended our offices agitated and said that he could not trust his wife and he did not want us to proceed. As such, we could not proceed, nor could we tell the wife as that would be a conflict of interest. They attended our offices together and the husband had no recollection of coming in. Nevertheless, we determined that we could not act for him. This highlights the importance of ensuring you think about having a Will and LPAs before it’s too late.

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Last updated: 01-07-2023

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