How do Lasting Powers of Attorney work?
Lasting Powers of Attorney can only be drawn up by someone who is mentally capable of doing so. Sometimes accidents or ill health mean that’s no longer possible.
If there is an Enduring or Lasting Power of Attorney already in place, then the Attorney can take over managing the relevant affairs of the person who no longer has the capacity, provided that the Power of Attorney is registered at the Office of the Public Guardian.
If there is no Power of Attorney, then someone, often a family member will have to apply to the Court of Protection to be appointed as the “Deputy” for the person who has lost capacity, known as the “Protected Person”.
This is quite a long and quite complicated process which can be expensive. It is therefore important to consider making a Lasting Power of Attorney whilst you have the mental capacity to do so. If however, you do not have mental capacity then please see our Court of Protection service. We would advise all clients to consider preparing one or both types of Lasting Power of Attorney to ensure you have appointed someone to manage your affairs if you lose mental capacity.
