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Powers of Attorney and Deputyship

Planning for the future doesn’t just mean writing a Will. We are here to support you in specifying what your care will look like should the need arise, or if you are an Attorney or Deputy on someone else’s behalf.

Not all of us will maintain the ability to make our own decisions throughout our lives. Age, health, and good luck all play a role in preserving our agency. Fortunately, there are actions you can take now to ensure you have an advocate if you are ever unable to choose for yourself. If you have someone in mind you would trust to make decisions on your behalf, then you can grant them the legal authority to do so.

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How can we help you with Power of Attorney?

At Thompson Smith and Puxon, we can help you with all things related to Powers of Attorney and Deputyships:

  • Acting as an Attorney or Deputy
  • Deputyship
  • Enduring powers of Attorney
  • Lasting powers of Attorney
  • Power of Attorney vs Deputyship

Power of Attorney with Thompson Smith and Puxon

We understand the impact a loss of capacity can have not just on an individual, but their family and we’re here to support you through what can be an incredibly emotionally taxing experience. The legal knowledge behind the team at Thompson Smith and Puxon is bolstered by specialist training and compassion. A number of our team have completed Alzheimer’s Society training that qualifies them as Dementia Friends.

Fiona Ashworth and Nicola Healy of our Wills and Estates team are both accredited members of Solicitors for the Elderly (SFE) and the Society of Trust and Estate Practitioners (STEP).

How can we help you?

Our solicitors in Colchester and Clacton can help you with a wide variety of matters, from Lasting Powers of Attorney to Deputyship:

Lasting Power of Attorney

Granting Lasting Power of Attorney (LPA) must be done whilst you are of sound mind. This document allows you to choose people to make decisions on your behalf about your finances, investments and property, as well as where you live and whom you see.

There are two kinds, one relating to your property and financial affairs, and the other relating to your health and welfare. You can have both, or one without the other.

Enduring Power of Attorney

Whilst we can no longer create Enduring Power of Attorney (EPA) documents, you may have been granted one before the law changed. Unlike Lasting Powers of Attorney, they only relate to a person’s property and financial affairs. If signed before October 2007 an EPA is still valid, and whether you have one in place for yourself, or you are the named Attorney, our compassionate team are here with advice.

General Power of Attorney

General Powers of Attorney allow you to allocate decision-making powers regarding your property and finances to another person. This document is unlike the other powers of Attorney or Deputyship in that it is only effective whilst you have your mental capacity. Talk to our team today to find out how a General Power of Attorney might be useful for you and your family.

Deputyship Order

If a loved one has lost their mental capacity and there isn’t a Lasting Power of Attorney in place, you will need to apply to the Court of Protection to legally take over their decision-making. Deputies can make decisions about finances and property, however they are rarely appointed for health and welfare. This emphasises the importance of creating Lasting Powers of Attorney.  We can help you make the application, or with the choices you must make.

What’s the difference between Power of Attorney and Deputyship?

The biggest difference between a Power of Attorney and a Deputyship order is your ability to choose. When you make a Power of Attorney you can choose who your Attorney (or Attorneys) will be and who will be notified when the document is registered. Deputies are appointed by court order and decide who to notify of the application.

Otherwise, attorneys are required to keep financial records in case they need to be referred to in the future, whereas Deputies must file a full financial report to the Court of Protection every year. Registering an LPA is also much cheaper (currently £82 per document) than Deputyship. Applications to the Court are £400 and there may be an annual supervision fee involved. Deputies will also have to pay for medical reports and insurance bonds as part of the process. Whilst there is financial help available for both sets of fees depending on your circumstances, LPAs are overall a much more cost-effective option.

Frequently Asked Questions

The Court with jurisdiction to make decisions and appoint Deputies to act on behalf of people who are unable to make decisions about their health, finances or welfare.

A person appointed by the Court of Protection to act on behalf of a person who lacks the capacity to make decisions for themselves.

An authority given by one person to another to act for them in their absence. The person authorised to act is the Attorney of the other. There are different types, e.g. Enduring POA (EPA); General POA; Lasting POA (LPA).

A document created before October 2007 appointing a person (an ‘Attorney’) to manage the property and financial affairs of another person (the ‘Donor’).

A legal document that allows someone (the “Donor”) to choose other people (their “Attorneys”) that they want to make decisions on their behalf about their property and financial affairs. Only effective while the Donor still has mental capacity and is usually limited to a particular event or decision.

A legal document that allows someone (the “Donor”) to choose other people (their “Attorneys”) that they want to make decisions on their behalf about their property and financial affairs or health and welfare, including when they lack the mental capacity to make the decision themselves.

Part of the Ministry of Justice, this agency deals with the registration of Enduring Powers of Attorney and Lasting Powers of Attorney. The Office of the Public Guardian also handles the supervision of Deputies appointed by the Court of Protection. They help Attorneys and Deputies carry out their duties and protect people who lack the mental capacity to make decisions for themselves.

Contact our Solicitors in Colchester or Clacton

We’re here to help. Get in touch or contact one of our offices: