Home > Legal Articles > What is the difference between a Lasting Power of Attorney and a Deputy?

What is the difference between a Lasting Power of Attorney and a Deputy?

Posted on Friday, 18th October 2013 by

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Lasting Powers of Attorney (LPA) and Deputy Orders are legal appointments of a person or person/s to deal with the affairs of a person who lacks mental capacity. Both appointments can be made to make decisions about the person’s financial matters or their health and welfare.

The differences between the LPA and Deputy appointments are the procedures to set these up.

An LPA is made by the person before they lose mental capacity and they appoint whom they want to act on their behalf. They control the powers given to the Attorneys. These documents would therefore be more likely to reflect the wishes of the person who becomes mentally incapable. If the person has no relatives or they would not want their relatives to act they can appoint their solicitor to act.

If someone has not made an LPA and they lose capacity an application is made to the Court of Protection by whoever comes forward to make the application. This may be a relative whom the patient would not have chosen. Any one over the age of 18 years can be a deputy. Any convictions of the proposed deputy will need to be disclosed and the person may not be able to act if the Court does not approve them.

If someone does not have close family to apply as a deputy then the court can appoint the local authority or a professional deputy to act i.e a solicitor. In these circumstances again you have no control as to who is appointed.

At Edward Hands and Lewis we can assist you in every stage of the preparation and registering of the LPAs. We also have solicitors who can act as Attorneys under the LPA’s either alone or jointly with family members.

In the event that a person did not make LPA ‘s we can assist you with all the steps to make an  application to be appointed as the  Deputy  for a person who has lost mental capacity.

For a 30 minute free appointment to discuss any of the above please contact us today.

Emma Fuller is head of the private client team at EHL; our solicitors in Loughborough are experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Loughborough please contact us.

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The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.

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Emma Fuller - Wills, Probate and LPA
Emma Fuller - Wills, Probate and LPA
emma.f@ehlsolicitors.co.uk 01509 212 108
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