What Are Lasting Powers Of Attorney?

The Court Of Protection allows you to put in place mechanisms to protect say your

parents or other loved ones if they are unable to make decisions in the future due to incapacity. Everyone should know how it operates and how it can protect their family, yet few people do. Hopefully this short article will give you a better understanding (please pass it on to family and friends as this information is important).

The Court of Protection was created following the Mental Capacity Act 2005 and is the only body that has the power to appoint a representative, known as a Deputy, for someone who is not able to make financial decisions or decisions about their own welfare.

The Court has not been without initial problems, receiving 1,500 complaints within the first eighteen months of its creation. The number of complaints has been reduced since, but the fact that the President of the Court is reviewing the running of the Court suggests that the Court's problems have not yet been solved. A recurrent theme is the length of time it takes to appoint a Deputy leaving the affairs of many vulnerable people in limbo.

An application to appoint a Deputy will be unnecessary if an individual has appointed an attorney or attorneys prior to losing their capacity. An attorney will be appointed by drawing up what is known as a Lasting Power of Attorney ("LPA"). There are two separate Lasting Powers of Attorney's covering financial and welfare decisions separately. An attorney will only be able to act on behalf of the individual who appointed them if the LPA is registered with the Office of the Public Guardian.

Despite the fact that the Lasting Power of Attorneyprovides an opportunity to choose a trusted representative to manage a person's affairs and offers a cheaper process than an application to appoint a Deputy the Justice Secretary speaking on Radio 4's Today Programme has confirmed that only 100,000 LPAs have been registered.

The reason for the relatively low number of registrations may be a consequence of individuals postponing the decision to register the Lasting Power of Attorney, after all an attorney may never be required. However, more worryingly, families may simply be unaware that they will need specific authority to assist with a parent's financial affairs. A parent's home may need to be sold to fund care and only a Deputy or attorney will be able to act. Similarly day-to-day care decisions can only be taken by an attorney.

Copyright (c) 2010 Gary Storer

by: Gary Storer

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