Lasting Powers of Attorney & Court Of Protection
Our experienced team is dedicated to protecting the affairs of vulnerable people.
We have specialists who advise on Lasting Powers of Attorney, registering Lasting Powers of Attorney with the Office of the Public Guardian, and applications to the Court of Protection.
If you’re a vulnerable person, family member, carer, or a representative from a local authority, we’ll give you expert and practical legal advice in a sensitive way.
We’ll also meet you in a location which suits you, such as your home, residential /nursing home or hospital.
What Is A Lasting Power Of Attorney (LPA)?
The Mental Capacity Act of 2005 changed the law with regards to Powers of Attorney and instead created the Lasting Power of Attorney.
If you have an Enduring Power of Attorney in place, this can still be used but only in relation to property and finances.
A Lasting Power of Attorney is a legal document, which once set up, helps people who in the future may have some form of mental or physical incapacity and might be unable to make decisions for themselves.
The LPA appoints a person (called the attorney) to make those decisions. The appointed attorney can only use the LPA after it has been registered with the Office of the Public Guardian.
There are two types of LPA:
- LPA for property and financial affairs – allowing you to appoint a person to deal with and to control the decisions regarding your financial affairs and property. For example, paying your bills and selling your house in the future, if this becomes necessary.
- LPA for health and welfare – allowing you to appoint a person to make healthcare and welfare decisions for you, including medical treatment/care, living arrangements, and giving or refusing life sustaining treatment.
An LPA is an important and powerful document. You should be cautious who you appoint as your attorney and should give this careful consideration.
More than one attorney can be appointed and you can decide if they are to act independently or jointly. Replacements can also be appointed.
Your attorney should be trustworthy and have the skills needed to make decisions on your behalf.
What We Will Do For You
Our experts can help you navigate the complex regulations and lengthy documentation. Our experienced solicitors can deal with the setting up and registration of both types of Lasting Powers of Attorney and can assist you in using the Lasting Powers of Attorney once registered. We can make the process easy and straightforward to understand.
We recommend talking to one of our specialist solicitors to ensure your welfare and financial affairs are safeguarded, now and in the future.
What Is The Court Of Protection?
The Court of Protection looks after the rights of people without the mental capacity to make their own decisions about their finances, assets, or welfare.
This may be an elderly person, someone who has suffered problems as a result of an accident, or someone suffering from mental illness.
What We Will Do For You
We have a team which specialises in providing legal support for vulnerable people.
Passmores Solicitors works with families and care providers to safeguard the finances and welfare of those who need assistance, and lack the necessary mental capacity to make decisions themselves.
We also work closely with charities and local authorities, making sure our clients’ finances are managed appropriately and in accordance with the powers granted by the Court.
Our solicitors can advise, make applications to the Court of Protection, act as professional deputies, to support lay deputies, to assist with existing Court of Protection Orders and to deal with disputed Court of Protection matters.
We’re experts who help our clients through the complex rules and laws surrounding the care of a person who needs to be looked after by the Court of Protection and can guide you through the application from beginning to end.
We recommend talking to a trained expert solicitor in this field to ensure you safeguard the interests of the person who needs help, whether a financial order is required or a health and welfare order.