Lasting Powers of Attorney & Deputyships
Lasting Powers Of Attorney
A Power of Attorney is a legal document giving another person who will be acting as an Attorney the authority to make particular decisions on the donors’ (applicant) behalf. Powers of Attorney can be drawn up if the Donor has sufficient mental capacity to understand the nature of the deed but needs assistance with the management of their financial affairs, where they are not able to carry out the duties whether it be because they are not in the jurisdiction where the property is managed or due to physical disability.
A general Power of Attorney comes to an end if the Donor loses mental capacity. However, a Lasting Power of Attorney (LPA) will continue to be valid even after the Donor has lost mental capacity.
Anyone can make an LPA if they can understand what the LPA is and what the LPA will do. They can also subsequently revoke the LPA but only while they are still mentally capable.
If you want to help someone with their financial affairs, and that person does not have sufficient mental capacity to understand legal documents, then you must apply to the Court of Protection to be appointed as a Deputy.
This may apply if you want to assist a vulnerable adult with learning difficulties or mental health problems, or an elderly relative with dementia. We can assist you in making the application and obtaining an order to ensure that your loved ones or whoever you wish to help have their interests secured.