What happens if my family member doesn’t have Lasting Powers of Attorney in place?

If a loved one has lost the capacity to make decisions before arranging Lasting Powers of Attorney (LPAs), you will need to apply to be a Deputy with the Court of Protection in order to assist them.

There are many difficulties in following this process which is not only costly but also time consuming and will sadly not always been granted:

There is a lot of paperwork to complete:

  1. Two copies of application form

  2. An assessment of capacity form, usually completed by the individual’s GP or a witness statement

  3. Deputy’s declaration

  4. Information forms – for property and affairs and for personal welfare

  • The application can take 3-6 months to finalise and until a Deputy order is made, their accounts are frozen. There could be further delays as medical evidence may be required. Some medical practitioners also charge for providing medical evidence.

  • Once the court has appointed a Deputy, they will receive a Deputy order in which the exact powers are set out. These powers depend on the individual’s needs and can’t be exceeded. The powers may apply to any aspect of the individual’s life, including their finances, personal welfare, medical treatment and social care interventions.

  • As well as dealing with the individual’s day-to-day affairs the Deputy will have other ongoing responsibilities, for example, filling in an annual account and report accounting to the Court for all the financial transactions in the previous year.

  • Initial and ongoing fees - £400 deputyship application (doubled if for both health & welfare and property & finance), potential £500 hearing fee, £320 ongoing deputyship supervision fee, £100 assessment fee if a new deputy.

The whole process can be both distressing and intrusive for the loved one’s family.

How do I avoid this?

The answer is simple – by making Lasting Powers of Attorney as soon as possible – it is never too early.

As award-winning vulnerable customer champions, we’re well-placed to help you make a plan to prepare for the future, whatever that may hold. If you would like to have a relaxed chat about your circumstances, or arrange LPAs, please don’t hesitate to get in touch.

To book a complimentary meeting with Richard Higgs by calling 0117 3636 212 or email office@haroldstephens.co.uk.

Amy Wood