Lasting powers of attorney and deputyships

A Lasting Power of Attorney is a legal document that lets you appoint one or more people, known as ‘Attorneys’, to make decisions on your behalf when you are unable to. You can provide guidance and place restrictions on the decisions your Attorney can make when you have lost mental capacity so that your wishes are respected.

There are two types of Powers of Attorneys:

Health and welfare

Which can be used for: 

  • Daily routine
  • Medical consent
  • Long-term care
  • Social services
  • Life-sustaining treatment

Property and Finance

Which can be used for:  

  • Paying Bills
  • Bank Accounts
  • Credit cards
  • Pension
  • Collecting benefits
  • Selling your home

Powers of Attorney can only be used if they have been registered by the Office of the Public Guardian which costs £82 per Power of Attorney document.

Our experienced team can help you to make a Lasting Power of Attorney for a fixed fee.

Attorney Abusing Position

Sadly, not everyone trusted to look after the finances or welfare of someone lacking mental capacity acts in their best interests.

Where a person is abusing their power of attorney, our solicitors can advise and investigate their actions with a view to reclaiming lost assets, voluntarily retiring as Attorney or as a last resort applying to the court to revoke the power of attorney.

Court of Protection

If your loved one lacks the capacity to manage their property and finance (and is incapable of making a Lasting Power of Attorney) then there is nobody legal authorised to access bank accounts, liaise with utility companies or sell property. 

To manage that individual’s finances you will need to make an application on designated forms to the Court of Protection which is the branch of the Court that deals with the affairs of people who lack the mental capacity to make decisions for themselves about their personal property and financial affairs or health and welfare.

We have extensive experience of making Court of Protections and of acting as Deputy for numerous individuals. We can ensure all the procedural hurdles are dealt with properly and promptly and your responsibilities to the Court met.


It takes approximately 12 months after submitting the application for the Court to release the Order appointing a Deputy enabling you to access accounts.

Aside from solicitor fees, there is an application fee of £371 payable to the Court, a one-off £100 Deputy Assessment fee, an annual supervision fee of £320 to the Office of the Public Guardian (an organisation that supervises Deputiesalthough there may be a total exemption from paying or even a partial reduction of the fees depending on income and capital.

Because a Deputy is in charge of a person’s assets, the Court insists on the taking out of an insurance policy, so an annual premium is payable each year. 

These fees are normally paid from the individual’s funds or can be paid by you and then refunded from the person’s funds at a later date. 

You cannot make or change a person’s Will. If it is appropriate to change someone’s Will you must apply to the Court of Protection who will approve it.

There are specific rules about gifts. Depending on the size and the occasion you may need to apply to the Court of Protection to approve any gift. 

A Property and Financial Affairs Deputy has no authority to make decisions about that person’s health and welfare. Decisions such as where they live and what treatment they have is a separate domain which may be dealt with by a best interest meeting. A Property & Financial Affairs Deputy may be entitled to participate in any best interests meeting if financial issues ought to be considered. 

Disputed Applications and Deputy complaints

Unfortunately, disputes among family members about the appointment of Attorneys or Deputies, or the actions of Attorneys or Deputies, can sometimes arise. These can be difficult and daunting to deal with.

Anyone who is aware of a possible misuse of powers by a Deputy can notify the Office of the Public Guardian (OPG) and they will carry out an investigation into the alleged abuse. The matter will be referred to the Court of Protection for consideration who can make an order to suspend, discharge or replace a Deputy.

When these disputes come before the Court of Protection, specialist advice is required to manage the complexities of the Court’s procedure and practice. Our experience enables parties bringing disputes before the Court to present them reasonably and effectively. We will also try to assist in a settlement without the need for a hearing, if at all possible.

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