A question we are regularly asked in Farleys’ Private Client team is “What is the difference between a Lasting Power of Attorney and a Court of Protection Deputyship Order?”.
While both documents can be used to allow someone to take control over another’s affairs should they become unable to manage them themselves, there are key differences in the circumstances in which each can be used.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document which anyone with capacity can prepare which appoints a third party (the attorney) to manage their personal affairs, whether financial, health related or both should they become unable to do so themselves.
What is a Court of Protection Deputyship Order?
A Court of Protection Deputyship Order can only be applied for through the Court when a person already lacks the capacity to manage their own affairs but does not have an LPA in place and decisions need to be made on their behalf. For example, the sale of a house or the payment of residential care fees.
The application for deputyship can be made by a family member, a friend, a solicitor, or other organisation and the Court will consider all the available evidence and assess the suitability of the applicant to be appointed as the Deputy. The deputy, once appointed must comply with any instructions from the Court as well as the strict terms of the order which appoints them and must file yearly accounts with the Office of The Public Guardian.
For more information about Lasting Powers of Attorney and Deputyship Orders or to discuss the best course of action for your particular circumstances in confidence, please get in touch with Farleys’ Private Client team who will be happy to help. Call us today on 0845 287 0939 or contact us by email.