Legal Capacity

Lasting Power of Attorney (LPA)

A Lasting Power of Attorney enables a person who is over 18 years old with capacity to choose another person or people to make decisions on their behalf. There are 2 different types of Lasting Power of Attorney; Property and Financial affairs and/or Health and Welfare.

An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. A fee is charged for registration of each Lasting Power of Attorney application registered with and administered by the Office of Public Guardian. You can get part of your application fee back if you applied to register a power of attorney from 1 April 2013 to 31 March 2017.

The Office of the Public Guardian – 0300 456 0300.

Enduring Power of Attorney

An Enduring Power of Attorney that was signed by both the Donor and Attorney before Oct 2007 when Lasting Power of Attorney came into force with the Mental Capacity Act 2005 can still be used and registered as a legal document. You should make the application to register the EPA as soon as you have reason to believe the Donor is losing the mental capacity to manage their affairs.

An Attorney can use the power straight away if that is the Donors wish or the Donor could make it clear that the EPA is only to be used if they become mentally unable to manage their affairs in the future.

Court of Protection – Deputy

When no Enduring or Lasting Power of Attorney exists and someone lacks the capacity to make their own decision the Court of Protection – 0300 456 4600 can appoint Deputies to make decisions in the best interests of those who lack capacity.

For more information on legal capacity please contact;

  • Office of Public Guardian – 0300 456 0300
  • Court of Protection – 0300 456 4600

Worried about an older person? Please contact;

  • Action on Elder Abuse – 080 8808 8141

If you would like some help or support we work with \’Professional Members\’ of the Care Adviser Network who can provide legal advice and support.

Please contact us to request a call back
Tel: 0800 999 25 27
Email: help@carenavigators.co.uk

REQUEST A CALL FROM A SPECIALIST LEGAL ADVISER

Tonina Ashby is the Head of the Elderly and Vulnerable client unit at Tollers Solicitors. She specialises in Court of Protection and Elderly Client affairs, in particular contentious issues around financial and property and the abuse of the Elderly and Vulnerable. She provides advice for clients who require care either in their own home or in a residential setting and helps to put their affairs in order by way of powers of attorney and checks to ensure all funding assessments have been carried out and the correct benefits claimed. Karon is a Director of Solicitors for the Elderly Ltd and she sits on the formal Court of Protection Rules Ad hoc Committee and on the Court of Protection User Group. Tonina AshbyTollers Solicitors

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