What happens when a person is no longer capable of handling or managing their own affairs?

If you are unable to look after your own affairs and you do not have an LPA, the Court of Protection will appoint a to manage your affairs for you. There will be significant legal fees to pay (plus possible annual supervision fees of up to £800 payable to the OPG), a long delay before the Deputy Order is issued and the Deputy may not be aware of your personal circumstances. This could apply to anyone, at any age, by reason of illness, disability or mental impairment who may no longer be able to deal with even simple matters like handling a bank or building society account or transacting a house sale.

The Property and Financial Affairs LPA allows you to choose a person you trust to

make decisions about how to spend your money and the way your property and affairs

are managed. Once registered, and unless you have put a restriction on it, this type of

LPA can be used by your attorney(s) straight away.

The Health and Welfare LPA allows you to choose someone you trust to

make decisions on your behalf relating to your personal healthcare and welfare including

decisions to give or refuse consent for treatment on your behalf and deciding where you

live. These decisions can only be taken on your behalf when the LPA has been

registered and you lack the capacity to make the necessary decision for yourself.

Whenever an attorney makes a decision under an LPA, by law they must act in the

best interests of the donor who has given them the power.

If you want to make plans for the future while you still have the mental

capacity to handle your own affairs, creating an LPA now will allow you to

choose one or more people to act as decision-makers.

An LPA can be made by anyone aged 18 or over who has the mental capacity but can

only be used once it has been registered with the Office of the Public Guardian (OPG).

Steele Rose can prepare both LPA forms for you and you may register the document(s) when required or they can also prepare the registration form if you wish (even if the original LPA was not made by them) and register it for you for an additional fee.