The two types of Lasting Power of Attorney
There are two types of Lasting Power of Attorney, each designed to deal with different aspects of your life.
Property and Financial Affairs LPA
A Property and Financial Affairs LPA allows your appointed attorney or attorneys to assist with financial matters such as managing bank accounts, paying bills, buying or selling property and dealing with investments.
One of the key benefits of this type of LPA is that, once registered, it can be used while you still have mental capacity, if you wish. This can be helpful if you would like support with managing your finances or planning ahead.
Health and Welfare LPA
A Health and Welfare LPA allows your attorney or attorneys to make decisions about your health and care if you lose mental capacity in the future. This can include decisions about medical treatment, where you live and day-to-day care, as well as life-sustaining treatment.
Although it must be registered in advance, this type of LPA can only be used if you lose capacity, ensuring your wishes are followed when you are no longer able to make decisions yourself.
Choosing an attorney
An attorney should be someone you trust to make financial or healthcare decisions on your behalf. You can appoint one or more attorneys, provided they are over the age of 18, and you may also choose replacement attorneys in case your original choice is unable to act in the future.
How we can help
Preparing for the future can feel daunting, but the team at Rogers & Norton Solicitors are here to guide you through the process. We will talk through your options, explain the documents clearly and ensure everything is prepared correctly.
Once signed by all parties, your Lasting Power of Attorney is sent to the Office of the Public Guardian for registration.
We prepare LPAs for a fixed fee. In addition, the Office of the Public Guardian charges a £92 registration fee for each document, unless you qualify for an exemption or reduction. If attending our office is not suitable, one of our solicitors can arrange to visit you at home, in a care setting or in hospital.
Enduring Power of Attorney
An Enduring Power of Attorney could be made before 30 September 2007. While these documents can no longer be created, any existing Enduring Power of Attorney remains valid.
If you already have an Enduring Power of Attorney in place, it is sensible to review it, as it cannot be amended. An Enduring Power of Attorney only covers financial decisions, so you may wish to consider putting a Health and Welfare Lasting Power of Attorney in place to ensure someone can also make decisions about your care if needed.
If you lose capacity, your attorneys will need to register the Enduring Power of Attorney before they can act. Our team can meet with attorneys and assist with the registration process.
Deputyship
If a loved one has already lost mental capacity, it may be too late to put a Lasting Power of Attorney in place. In these circumstances, an application may need to be made to the Court of Protection for a Deputyship Order.
A deputy can be a relative, close friend or a professional, such as a solicitor or a representative of a local authority, provided they are over the age of 18. At Rogers & Norton, we act as professional deputies for clients who have lost capacity and either have no close relatives or where families require additional support.
A deputy may assist with paying bills, managing day-to-day finances, investing money, and buying or selling property.
Deputyship applications are considered by a judge and can be a lengthy process. Family members must be notified and given the opportunity to object. For this reason, putting a Lasting Power of Attorney in place in advance is often a quicker and more straightforward solution.
However, this is not always possible. Some individuals may never have capacity to make a Lasting Power of Attorney, or may have already lost capacity by the time support is needed. In these cases, a Deputyship Order allows the court-appointed deputy to manage affairs on their behalf.
Deputyships involve a higher level of accountability to protect vulnerable individuals. Certain decisions, such as making a Will, must be dealt with directly by the Court of Protection rather than the deputy.
Specialist support for vulnerable clients
The team at Rogers & Norton specialises in supporting vulnerable clients, along with their families and carers. We act in a wide range of cases, from young adults and children with complex personal injury claims to elderly clients living with dementia.
We have experience in Statutory Wills, Deputyship applications and all aspects of Court of Protection work, providing clear, compassionate advice at every stage.
Get in touch
If you would like to discuss any issues relating to Lasting Powers of Attorney, Enduring Powers of Attorney or Deputyships, please contact our dedicated team today. We are here to help you plan for the future with confidence and peace of mind.
For more information or to arrange an appointment with a member of our Private Client team, call one of our offices on:
- Norwich: 01603 666001
- Attleborough: 01953 453774
- Dereham: 01362 562824
Alternatively, please email enquiries@rogers-norton.co.uk or complete the ‘Request a Consultation’ enquiry form on our website.