The chances of needing someone to make decisions on your behalf is increasing with dementia cases rising sharply in the UK.

Many people believe they can simply take over if a loved one loses mental capacity, but they have no authority to do so unless there is a Lasting Power of Attorney in place which can only be made when a person has capacity.

If capacity has already been lost, you have to apply for a Deputyship order. A Deputy is a person appointed by the Court of Protection to make decisions on someone’s behalf, who lacks the mental capacity to manage their own affairs. 

There are some key differences between Lasting Powers of Attorney (LPA) and Deputyship:

Cost

The cost of a Deputyship order is significantly higher than an LPA. Once a Deputy has been appointed there are also annual supervision fees, which can be £320 depending on the level of assets.

Timings

Appointing a Deputy is a long process and can take several months to be finalised. In the meantime, no one will be able to make decisions or manage the finances of the individual in question. This may cause problems, for example if bills have to be paid or the property needs to be sold to release funds for nursing care.

Choice of who to appoint

The person making the LPA has total control over who they appoint as their attorney, and they can appoint multiple attorneys who can act together or independently. With a Deputyship order, anyone can make an application and the court will decide whether the person making the application is suitable. The person appointed by the court may not actually be someone you would have chosen yourself to make decisions.

Mental incapacity can strike at any time, you will have much greater control and save time and money if you arrange your Lasting Powers of Attorney.

For more information please contact Serap Karaoglan at Oldham Marsh Page Flavell Solicitors on 01664 563162 or [email protected]