Lasting Powers of Attorney (LPA's) were created by the Mental Capacity Act 2005. An LPA can be made by someone aged 18 years or over (the Donor) to appoint another person or persons (the Attorney) to act on their behalf to assist them in relation to the management of their financial affairs and/or decisions in relation to their medical welfare.

For further facts on Lasting Powers of Attorney, we have provided two fact sheets which may prove useful. Click on the icons below for the relevant fact sheet.

Prior to October 2007 an Enduring Power of Attorney (‘EPA’) was a document drawn up appointing a person (an attorney’) to manage the property and financial affairs of another person (‘the donor’). An EPA can no longer be created however if a person has made an EPA prior to October 2007 it can still continue to be used to manage someone’s property and financial affairs.

An EPA needs to be registered if the Attorney/Attorneys believe that the Donor is becoming or has become mentally incapable of handling his or her own affairs. There is a specific procedure for registration which we can advise you on and help you with should you need it.

A Lasting Power of Attorney - property and financial affairs have now replaced the EPA and give more protection and extra options. If you already have an EPA and you still have capacity you can either replace it with a Lasting Power of Attorney (property and financial affairs) or keep the existing EPA. You can then make an additional Lasting Power of Attorney relating to your Health and Welfare.

If someone is lacking in mental capacity and they have not in the past drawn up an EPA or an LPA then a Deputy will need to be appointed by the Court of Protection. A Deputy can be a relative or a close friend and is often someone who has been helping the person now lacking mental capacity with their affairs prior to the application. In some circumstances a Deputy can be appointed by the Court itself.

A Deputy is legally responsible for acting and making decisions on behalf of someone who lacks the mental capacity to make these decisions for themselves. A Deputy will generally only be appointed to deal with someone’s property and financial affairs.

If you need advice on whether you need to make an application for Deputyship on behalf of someone then we can help you. You are not expected to be an expert in assessing someone’s mental capacity. We can help you obtain a medical report from a GP to do this. If medical evidence is already to hand confirming an application for Deputyship is appropriate then we can assist you with the application through to your appointment.