Lasting Power of Attorney and the Court of Protection

Lasting Power of Attorney 

A Lasting Power of Attorney enables someone to nominate a person or persons to make decisions on their behalf regarding property and affairs and/or personal welfare including health care and consent to medical treatment.  

If someone loses mental capacity and has not made a Lasting Power of Attorney or an Enduring Power of Attorney then it may be that the ability to make those decisions are taken out of the hands of those close to them or it may be expensive to arrange for close friends or family to be appointed as a deputy at the Court of Protection to enable them to deal with those decisions.

We can assist with the preparation and registration of Lasting Power of Attorney documentation offering expert advice and guidance to suit the individual circumstances and can offer assistance to the attorneys in carrying out their duties.

If you would like to discuss a Lasting Power of Attorney further, then please contact Trevor Price, Matthew Rogers or Rebecca Adams at our Penrith Office or Charlotte Birtles at our Appleby Office on the numbers below.  Or they can be emailed on [email protected]

Court of Protection 

The Court of Protection looks after the affairs of someone who cannot administer them themselves.  If someone you care about loses the mental ability to deal with their own finances and they have not put in place an Enduring or Lasting Power of Attorney, Arnison Heelis can give you advice about how you can help them. 

In such circumstances it would be necessary for someone (commonly the next of kin) to apply to the Court of Protection for authority to manage their financial affairs.  A person authorised by the Court to act is called a “Deputy”.

We can advise you on:

• What information the Court will require if you make an application to act as a Deputy for someone who is mentally incapable.
• The documents you will need to complete when making an application.  We can assist with the completion if desired.
• Your responsibilities if the Court appoints you as a Deputy.
• Why the Mental Capacity Act 2005 and its code of practice is important for Deputies

Our expert in this area is Trevor Price, who can be contacted on the numbers below or by email on [email protected]