LPA and deputyships are legal methods by which decisions can be made for people who lack mental capacity. The key difference between the two is that:
- An LPA is made by the person before he or she loses capacity.
- A deputyship application is made by a third party after the person loses capacity.
The client therefore has more control over the LPA process and choice of attorney and the LPA may therefore be more likely to reflect the person’s own wishes
The Court of Protection appoints a deputy who is, usually a family members or professionals, to make decisions concerning property and financial affairs and sometimes also health and welfare decisions for people who lack the capacity to make such decisions for themselves.
The Court of Protection also has the power to make decisions regarding a full range of issues including:
- Whether someone is mentally capable or incapable of making decisions.
- The appointment of deputies.
- The validity of a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA).
- Objections to LPAs or EPAs.
- Whether attorneys or deputies can make financial gifts on behalf of a person lacking capacity.
- The removal of a deputy’s or attorney’s right to make decisions in the event of their failing to properly carry out their duties.
- The execution of a will on behalf of persons unable to make a will themselves due to mental incapacity.
- To offer guidance on any decision.
- The appointment of new trustees for a trustee who is mentally incapable.
- To agree gifts for the person who is mentally incapable (which can include large gifts for inheritance tax planning purposes).
We specialise in court of protection law and understand all of the issues facing families who find themselves needing supportive, sensitive advice to be able to make the decisions required to move forward.
Our lawyers’ recent experience includes:
Acting as the deputy (for financial matters) for the client looking after her assets worth £1.45 million (Thursfields’ lawyer was originally appointed when he was a member of the former Independent Deputy Panel for the Court of Protection only one of two [both Thursfields lawyers] then in Worcestershire). In the last year this has including authorising building work to the client’s house and the general administration of her affairs. Thursfields liaises with the client’s mother and her other support during the year. Support has also been received from our specialist tax team to complete the client’s tax return.
Applying to be the health & welfare deputy where Thursfields’ lawyer already acts as the financial and personal affairs deputy (Thursfields’ lawyer was again originally appointed when he was a member of the former Independent Deputy Panel for the Court of Protection).