Powers of Attorney and Deputyships

A Lasting Power of Attorney is a legal document that allows you to appoint someone (known as your attorney) to make decisions on your behalf in the event that you are unable to make them yourself.

There are two types of Lasting Power of Attorney, a property and financial affairs and a health and welfare.

A property and financial affairs document gives your attorney or attorneys the right to make financial decisions on your behalf. They can manage your finances in the same way you could if you had mental capacity. This includes the day-to-day management of your affairs, for example paying your household bills, collecting your benefits and pensions, etc. Your attorneys can invest your monies and sell your property, if needed.

A health and welfare document gives your attorneys the power to make decisions such as whether you should receive certain treatments, medication or be taken into care. You can also allow your attorneys to make life sustaining decisions on your behalf.

You can opt to make one type of Lasting Power of Attorney or both, depending on your circumstances and what matters you would like to be dealt with by others should your health deteriorate and you are unable to make your own decisions and/or you are unable to manage your property and financial affairs.

Anyone can make a Lasting Power of Attorney, provided they are over the age of 18 and have mental capacity. Lasting Powers of Attorney are very important documents; nobody knows what the future holds.

Considering death and the possibility of serious ill-health isn't something that anybody wants to do, but it undoubtedly makes sense to spend a little time thinking through the implications of either.

While a Will is the obvious answer to any concerns you might have over what happens to your property and assets when you die, you might find matters a little more complex regarding the possibility of illness affecting your ability to make decisions for yourself. A Lasting Power of Attorney is the solution.

Yes, a Lasting Power of Attorney has to be registered with the Office of the Public Guardian before it can be used. It can take up to eight weeks to register a Lasting Power of Attorney, so it is advisable to think about registering the document as soon as it is made, this means it is available to be used as soon as it is required and should there be any errors in the document they can be corrected while the person has mental capacity.

The agreement becomes active as soon as you're deemed to be lacking sufficient mental capacity to make your own decisions. This can be the result of a condition such as dementia or an injury sustained in an accident, so you never know when it will be needed.

If you have not set up a Lasting Power of Attorney and lose the ability to make decisions yourself, your family or friends will have to make an application to the Court of Protection to be appointed as your deputy. This is a long and expensive process and is best avoided by setting up Lasting Powers of Attorney now. Please see What is a Deputyship for more information.

Our fee for setting up a single Lasting Power of Attorney, a property and financial affairs or a health and welfare Lasting Power of Attorney is £250 plus VAT.

For setting up both Lasting Powers of Attorney, a property and financial affairs and a health and welfare Lasting Power of Attorney our fee is £350 plus VAT.

For a couple wanting to set up a single Lasting Power of Attorney, a property and financial affairs or a health and welfare Lasting Power of Attorney our fee is £350 plus VAT.

A couple wanting to set up both Lasting Powers of Attorney, a property and financial affairs and a health and welfare Lasting Power of Attorney our fee is £600 plus VAT.

Our fees are based on registering the Lasting Powers of Attorney on your behalf. Please note there is also a fee charged by the Office of the Public Guardian for registration of each Lasting Power of Attorney of £82.

If you want to set up Lasting Powers of Attorney contact Rebecca Bristow on 01548 288 008 or at rb@startpointlaw.co.uk

When a person is mentally incapable of managing their own property and financial affairs and therefore incapable of instructing another person to act on their behalf, an application can be made to the Court of Protection to appoint a Deputy. 

A Deputyship Order will only occur if the individual does not have a Lasting Power of Attorney in place. When a Deputyship application is submitted, the applicant has strict duties to inform any interested parties that an application to the Court of Protection is being put forward.

A Deputyship Order can also be made in respect of health and welfare decisions although it is not very common.

A relative usually acts as a Deputy, but it could be a close friend or other person. If no one suitable can be found, the Court of Protection can appoint a professional to act as the Deputy.

The appointed Deputy can then manage the majority of decisions on behalf of the Patient. A specific Order of the Court of Protection is required for matters such as selling a property or raising a mortgage, but this can be applied for at the same time as the Deputyship Order.

In order to make an application, first a Doctor must complete the appropriate capacity assessment, to confirm the Patient lacks mental capacity. The proposed Deputy must then complete various application forms and financial statements, along with a declaration as to why they feel able to act and why it is in the Patient’s best interests for them to be appointed.

Before the Order is issued, the Deputy must organise a “Security Bond”. This effectively insures the Patient’s assets against fraud/negligence.

Once the Order is issued, the Deputy will be required to compile and file annual returns to demonstrate what actions they are taking with the Patient’s funds.

You must pay a £400 application fee for each type of Deputyship Order.

If the Court of Protection decides your case requires a hearing you will need to pay a further £500.

You must pay an annual supervision fee depending on what level of supervision your Deputyship needs. You will pay £320 for general supervision, however if the property and affairs of the Patient are less than £21,000 then minimal supervision is required and the fee is £35.

You’ll also need to pay a £100 assessment fee if you’re a new Deputy.

We offer a fixed fee for making the Deputyship application from £850 + expenses. Our costs are billed at the end of the application process and the Court allows payment to be made from the funds of the Patient as the Order is made on their behalf.

We can assist with making the application for the appointment of a Deputy. We can obtain additional Orders if you should need to sell the property. We can also complete and submit tax returns and submit the annual report to the Court of Protection.

We can also assist in making applications for statutory Wills and Trusts.

We can let you have a quote for any of the above.

If you need assistance with a Deputyship application contact Rebecca Bristow on 01548 288008 or at rb@startpointlaw.co.uk