With increased life expectancy, it is becoming increasingly common for people to cease, at some point, to be able to manage their own affairs or at least to manage all of them. The need to protect those who cannot protect themselves as never been greater. For example, do you know how you would be protected if you became incapable of understanding your financial affairs as a result of a stroke, dementia or brain damage suffered in an accident?
To guard against problems of this kind you can sign a document called a Lasting Power of Attorney or LPA. This is a document in which you nominate one or more people to act on your behalf, particularly to do things which you may in future no longer have mental capacity to do for yourself, such as paying bills, signing tax returns or perhaps even selling a house. Before an LPA can be used, it has to be registered at the Office of the Public Guardian (OPG) who will check that all the formalities have been properly carried out.
LPAs only came into existence on 1st October 2007. Before that most powers of attorney were a kind known as an Enduring Power of Attorney (EPA). In certain circumstances EPAs also have to be registered with the OPG.
The OPG is an administrative office attached to the Court of Protection. This is a court which is designed to protect the interests of those who no longer have mental capacity. In cases where there is a dispute over registration of a power of attorney or where the attorneys feel that the powers they have been given are not adequate, matters can be referred by the OPG to the Court which can make appropriate rulings. The Court operates on the fundamental principle that the interests of the person who signed the power of attorney are paramount.
If a person no longer has mental capacity to carry out certain transactions and there is no power of attorney authorising somebody else to carry them out then it may be necessary for an application to be made to the Court of Protection for the appointment of a “Deputy”. This is usually done by a relative, family friend or other well-wisher. Before the Court appoints anyone to act as a Deputy it will need to see medical evidence explaining why a Deputy needs to be appointed; information about the person’s affairs, and details of the person who is asking to become Deputy. As well as checking matters carefully to make sure that the proposed Deputy is suitable, the court may also require the Deputy to submit annual accounts to the OPG.
Whether you wish to make an LPA or to register somebody else’s power of attorney or to apply to become Deputy for a relative or friend, we can assist you with the paperwork and explain the powers and obligations concerned. Contact us
