LPA and Deputy Orders

Lasting Powers of Attorney (LPA) and Deputy Orders are legal appointments of a person or persons to deal with the affairs of those who no longer have mental capacity. Appointments can be made to make decisions about the person’s financial matters or health and welfare.

What are the differences between an LPA and Deputy Order?

The person makes a lasting power of attorney (LPA) before they lose mental capacity, and they appoint whom they wish to act on their behalf. They control the powers given to the attorneys, and the documents are therefore more likely to reflect the wishes of the person who becomes mentally incapable. Suppose the person has no relatives or does not want their family involved. In that case, they can appoint a solicitor to act on their behalf.

When someone has not made a lasting power of attorney and loses capacity, an application is made by whoever comes forward to the Court of Protection. This may be a relative that the patient would not have chosen. A deputy must be over 18 years old, and any convictions of the proposed deputy will have to be disclosed. An individual may not be able to act if the Court disapproves of them.

Suppose someone has no close family to apply as a deputy. In that case, the Court may appoint the local authority or a professional deputy to act on the individual’s behalf, for example, a solicitor. Once again, in these circumstances, you have no control over who is appointed.

If you prepare and register LPAs, or wish for a solicitor to act as an attorney under the LPA either alone or jointly with family members, please get in touch.