Court of Protection & Deputyship
On occasion, people may not be able to make a Lasting Power of Attorney due to issues with what your lawyer will call ‘mental capacity’. To be able to make a Lasting Power of Attorney the donor (the person making the LPA) must understand the following:-
- What an LPA is and how it will benefit them
- The consequences of giving someone else power over their affairs
- Who they would like to appoint to be their Attorney and if they should be considering someone else
- A general understanding of their assets.
This list is not exhaustive, but it gives an idea of what mental capacity is classified as.
Lawson-West Solicitors is governed by the Solicitors Regulation Authority, and is unable to make an Lasting Power of Attorney if they don’t feel that the donor has mental capacity.
In these situations, an application can be made to the Court of Protection for a Deputyship Order. Deputyship is equivalent to an LPA, and allows the applicant to deal with the affairs of the incapacitated person. Deputies are often family members of the incapacitated person, but can be anyone who has an interest in the person.
Deputies are asked to keep accounts of all expenditure and can be investigated by the Court of Protection.
We are specialists in Deputyship applications, and can prepare the application on your behalf.