Aside from making decisions regarding the health and welfare of a person without mental capacity, it is also necessary to consider the person that will be responsible for financial or property decisions. In this area, legal aid is not available and funding will be on a private basis only.
At Duncan Lewis Solicitors, we offer competitive funding arrangements and can make individual payment plans for your convenience. Please contact us, and we will provide a quick fee quotation upon request.
As a deputy, you’ll be authorised by the Court of Protection to make decisions for “P” on their behalf. There are 2 types of deputy:
To be a deputy the person needs to be 18 or over. Deputies are usually close relatives or friends of the person who needs help making decisions.If you want to become a property and affairs deputy, the person will need to have the skills to make financial decisions for someone else. The court can appoint 2 or more deputies for the same person.
When the Deputy is making a decision, they must:
To apply: https://www.gov.uk/become-deputy/apply-.deputy (or Instruct a Solicitor)
After the Deputy has been appointed an annual supervision fee depending on what level of supervision that particular deputyship needs.
We would recommend instructing a Solicitor in cases such as the above, because if a Deputyship appointment is disputed a hearing at the Court of Protection may be required.
A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf.
This gives you more control over what happens to you if, for example, you have an accident or an illness and can’t make decisions at the time they need to be made (you ‘lack mental capacity’).
The forms to make a LPA application can be found at: https://www.gov.uk/power-of-attorney/overview
Although it is possible to make a LPA independently, we would recommend instructing a Solicitor in cases such as the above, because a LPA can be challenged and if drafted incorrectly can be held as invalid.
There are 2 types of LPA:
A Health and Welfare Lasting Power of Attorney (LPA) gives one or more trusted persons the legal power to make decisions about your health and welfare if you lose capacity. The person who grants power is known as the ‘Donor’ and the person appointed to make decisions is the ‘Attorney’.
Your Attorney can make decisions about anything to do with your health and welfare such as:
A Lasting Power of Attorney for Property and Financial Affairs gives the attorney the power and authority to make decisions about money and property for you, for example: