Powers of Attorney and Deputyships

Protecting your future with
clear, practical attorney arrangements

As people are living longer, it is becoming increasingly important to organise a Power of Attorney early to ensure your future affairs are properly managed. A Power of Attorney is a legal document that allows a trusted person (your Attorney) to make decisions on your behalf if you become unable to do so due to illness, accident, or loss of mental capacity.

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The advantage of appointing someone you trust in advance is that you can choose who will act for you if needed and clearly define the scope of their authority. This gives you peace of mind and helps avoid future legal complications for your loved ones.

Lasting Power of Attorney (LPA)

There are two types of LPA:

Health and welfare LPA
Property and financial LPA

You may elect to have one or the other or both.

Health and Welfare LPA

This allows your chosen Attorney to make decisions about:

Your daily routine (e.g. washing, dressing, eating)
Medical care and treatments
Moving into a care home
Life-sustaining treatment

This type of LPA can only be used when you are no longer able to make decisions yourself. It is important to appoint someone who understands and respects your wishes and values.

Property and Financial Affairs LPA

This LPA enables your Attorney to:

Manage your bank accounts
Pay bills and deal with income or benefits
Handle your investments
Buy, sell, or manage property

This LPA can be used as soon as it’s registered with your permission, making it useful even if you are still mentally capable but physically unable to manage certain tasks.

Ordinary Power of Attorney (OPA)

An OPA is a short-term arrangement, often used if:

You are temporarily unwell
You’re travelling abroad
You’re undergoing medical treatment

It gives someone authority to act on your behalf for a limited time or specific task and is only valid while you still have mental capacity. You must clearly outline what powers your chosen Attorney will have.

Deputyship

If a loved one loses mental capacity and has not made an LPA, a family member or close friend must apply to the Court of Protection to become their Deputy. This is often a more time-consuming and expensive process.
As a Deputy, you may be responsible for:

Managing property and finances
Making decisions in the person’s best interests
Applying to the Court for a Statutory Will, permission to make gifts, or the appointment of Trustees

We can support you through the Deputyship application process and offer ongoing legal advice to help you manage your loved one’s affairs with confidence.

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FAQ Topics

What is the difference between an Ordinary Power of Attorney and a Lasting Power of Attorney?

An Ordinary Power of Attorney (OPA) is typically used for short-term arrangements and is only valid while you still have mental capacity. A Lasting Power of Attorney (LPA), on the other hand, is designed for long-term use and continues to be valid even if you lose mental capacity.

Can I appoint more than one Attorney?

Yes, you can appoint more than one Attorney, and you can decide whether they must act jointly (together on all decisions) or jointly and severally (together or independently). It’s a good idea to appoint a replacement Attorney in case your original choice is unable to act in the future.

Do I need both types of Lasting Power of Attorney?

You don’t have to make both types, but it’s often recommended. A Health and Welfare LPA covers personal and medical decisions, while a Property and Financial Affairs LPA covers financial matters. Having both gives you full protection should your circumstances change.

What happens if I don’t have an LPA and I lose mental capacity?

If you lose capacity without an LPA in place, your loved ones will need to apply to the Court of Protection for Deputyship. This process can be costly, time-consuming, and emotionally challenging. Having an LPA in place ensures that the people you trust can step in quickly to support you.