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

If you no longer have the mental capacity to look after your own affairs and you do not have a Lasting Power of Attorney (LPA), the Court of Protection will appoint a DEPUTY to manage your affairs for you. There may be significant legal fees to pay, plus annual supervision fees of up to £800, application fees, doctors certification fees, a security bond, a deputy fee and a long delay before the Deputy Order is issued, and the Deputy may not always 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. 

It is always better to prepare an LPA before a Deputy is appointed by the Court of Protection (COP) if possible, please click on the Radio 4 link below .

Did you know that the British Bankers Association have

confirmed that joint bank or building society accounts will

be frozen if ONE of the account holders lacks mental

capacity and there is not a registered LPA or EPA in place?

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 they may be registered when required or they can also prepare the registration form if you wish (even if the original LPA was not prepared by them) and register it for you at the same time for an additional fee.

The OPG (not Steele Rose) may charge an additional administration fee of up to a maximum of £120 if registration is required, based upon the Donor's income and any associated fee remission or exemption.