A UK power of attorney is a lasting power of attorney, or LPA – a document which allows an individual to appoint other people to help or make decisions on their behalf. The donor will appoint attorneys to act for them if they lose the mental capacity to do so themselves.
Importantly, you must be aged over 18 and have mental capacity when you create your LPA.
What Kinds of LPA Can Be Created?
There are two kinds of power of LPA. The first involves health and welfare, whilst the second covers financial and property matters. This will apply in England and Wales, and there are different procedures in Scotland and Northern Ireland.
You can find information about creating such a document online by searching at sites such as https://powerofattorneyonline.co.uk/.
What Is Deputyship?
If an LPA has not been created whilst the donor has mental capacity, family members or friends may have realised that the individual concerned has lost the ability to make decisions in their own best interests. This may be because of a mental illness, which means they cannot make important decisions on their own behalf.
If that is the case, you will have to apply to the Court of Protection to ask to be appointed their deputy. The court will look at whether the person in question has the ability to grant an LPA as a donor.
Such an application is the beginning of the process.
What Kinds of Deputies Can Be Appointed?
As in the case of LPAs, there are two different kinds of deputies that can be appointed by the court. The first is someone to deal with property and finances, and the other makes decisions about welfare and health.
Although, as with LPAs, this is usually a family member or a close friend, the court may appoint a professional deputy. In the case of the latter, fees will apply for the work they do. Again in common with LPAs, there can be more than one deputy to share the load. The Court will advise on how to make decisions.
