The difference between Lasting Powers of Attorney and Deputyships

Here our Court of Protection Partner, Natalie Lang, discusses the differences between Lasting Powers of Attorney (“LPA”) and Deputyships in the management of an individual’s affairs who may lack mental capacity.

Lasting Powers of Attorney

A Lasting Power of Attorney is a legal tool that allows you to appoint an individual/s as an Attorney to make decisions on your behalf. There are two types of LPA being:

• Property and financial affairs.
• Health and welfare.

The main benefit of an LPA is that you choose who you wish to appoint as an Attorney and therefore manage your affairs, whether it be a family member, friend or a professional.

In order to create an LPA, you must have the capacity to understand what it is and what it means for you. This capacity may still exist even when faced with a diagnosis of certain illnesses and disorders, however it is important to consider the progressive nature of such illness and therefore planning ahead at an early stage would be hugely beneficial in terms of the management of your affairs once decisions become more difficult over time.

Deputyship

If there is no LPA in place, and you become unable to make certain decisions for yourself, there will be no one legally who can make those decisions for you. It is at this stage where someone may need to apply to the Court of Protection to become a Deputy. This can be a lot more time-consuming and costly than making an LPA and removes the individual's right to decide who should be appointed, as it is the Court who makes the appointment.

Deputyships are differentiated in the same way as an LPA with deputies being appointed for either property/financial affairs, health/ welfare decisions or both.

Deputies have a number of duties to follow and must act in the individual’s best interests at all times. Deputies must also follow the instructions of the Court of Protection and have ongoing duties to the Office of the Public Guardian.

The best advice is always to make a Lasting Power of Attorney as soon as possible whilst you can have your voice heard.

How can we help?

Our team can help with the drafting and implementation of both Lasting Powers of Attorney and applications to the Court of Protection in regards to deputyships.

For more information, call our Court of Protection team to discuss your options on 0344 326 0049 or email COPHalifax@ramsdens.co.uk to book a free information session at any of our offices.