Power of Attorney & Court of Protection

Lasting Power of Attorney

Prior to 1st October 2007 a person wishing to appoint an Attorney to make financial decisions on their behalf, completed an Enduring Power of Attorney (EPA) When the donor loses mental capacity the Attorney can only continue to act under EPA if it is registered. If you have an EPA which requires registering with the court of protection we can assist you with registration.
Following changes in the law since October 2007 a donor can now only appoint an Attorney or Attorneys using a Lasting Power of Attorney (LPA) This procedure is more complicated than the old system but the changes were intended to protect vulnerable donors from financial abuse.

People can become unable to manage their affair at any stage of life, an accident, physical ill health or the onset of mental illness may make everyday routines of paying bills, managing budget and making financial decisions difficult and stressful, in some cases, impossible. Sarah Dixon believes that it is worth planning ahead. When someone becomes incapable of managing their affairs in the future it can be a very difficult time for both them and their family and friends from both a practical and an financial point of view it makes sense to consider appointing an Attorney a lasting Power of Attorney before that day arrives.
The changes in the law in 2007 created two types of Lasting Power of Attorney.

1. Property and Affairs LPA
Decisions an Attorney could make on the donors behalf
Buying and selling land, paying bills, selling shares, claiming benefits

2. Personal Welfare LPA
Decisions an attorney could make on the donor behalf , consenting or to refuse treatment, where you should live, your day to day care.

Court of Protection

In our modern society people are living longer and many families are finding that a loved one has lost mental capacity and are unable to manage their own personal affairs.
If this happens and the person has not already appointed an Attorney under Lasting Power of Attorney (LPA) or an Enduring Power of attorney (EPA) then an application is necessary to the Court of Protection to appoint a Deputy to act in the interests of the person without capacity.
If you require assistance in making an LPA registering an EPA or in making an application to the Court of Protection then please contact us now.