Lasting Powers of Attorney in the news

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You may have noticed Lasting Powers of Attorney (LPA) have been in the news recently following comments by a former judge of the Court of Protection (CoP) who warned that LPA’s can be used to defraud older people, and that he would never sign one.

He suggested that rather than put in place an LPA, people should apply to the CoP for a deputyship order, which has more safeguards in place.

The problem with that approach is that an application to the CoP can only be made AFTER you have lost capacity to make decisions for yourself.

Whilst the judge undoubtedly has the best of intentions in making his comments, it perhaps should be borne in mind that, as a judge, he will have seen the worst scenarios in his judicial career and it should not be forgotten that the majority of LPA’s are perfectly straightforward and trouble free.

With this in mind, I thought it might be worthwhile to give you some idea of what might be involved in both scenarios:

  1. The difference in cost is considerable. Our Lasting Power of Attorney service starts from £562 including VAT and the registration fee.  Applying to the CoP for a deputyship order could cost in the region of £2,100 to set up, and will then cost about £300 every year for insuring against the risk of fraud. 

  2. A Lasting Power of Attorney allows you to choose who will manage your affairs, while a deputy is appointed by the Court. The person appointed as deputy may be the one you would have chosen anyway, however, on the other hand, it may not be.’ 
      
  3. You can put a Lasting Power of Attorney in place now, and it is ready as soon as you lose mental capacity. You cannot make an application for a deputyship order before you have lost mental capacity. The CoP application process also takes several months to go through all the necessary procedures and obtain the order.    This can be a problem for your family if they are having to keep up payments on your behalf until they have access to your funds.



Of course, there are risks in giving power over your affairs to someone else.  But by taking full advice from a specialist in Lasting Powers of Attorney you can make sure that you have put your own safeguards in place.  For example, you could nominate two (or more) attorneys, who have to agree on a course of action before they do anything on your behalf.

If you are thinking of a Lasting Power of Attorney, it pays to get advice from a qualified professional.


Regards

Carolyn


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What's the next step?

Carolyn Monaghan

Legal Executive
& STEP practitioner

Call today on

0113 254 9733

To set up an initial consultation you can also email direct and arrange to pop into one of our offices.

What is the process?

SMART GUIDES

To help you understand the processes involved with our lasting powers of atterney legal services, we can lead you thorugh a typical scenario using our PDF smart guides. To get an idea of what's involved, simply click the icons below.

 

Obtaining LPA ›

Appointing a deputy ›

Contacts

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0113 254 9733

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Cringlebar House,
415 Bradford Road, Pudsey,
Leeds, LS28 7HQ

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Leeds, LS28 7RF


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