What Happens if I do not have an LPA

If a person has no EPA or LPA in place, the Court of Protection may appoint a deputy to make ongoing decisions on behalf of a person lacking capacity.

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Deputies

The Deputy Order will set out the extent of the powers granted to the deputy which might relate to finances or personal welfare. This order can have a time limit on it so it is important to check how long it lasts.

The deputy must be someone who is trustworthy and with the skills to carry out their duties. The deputy has a duty to follow the key principles set out in the Mental Capacity Act and only to make those decisions authorised by the order of the Court. The deputy must always act in the best interests of the person. An application to be appointed as deputy must be made to the Court of Protection in the first instance on the prescribed application form. The Office of the Public Guardian can provide more information about making an application (see ‘Contacts’).

Applying to be a deputy can be expensive and timely. The costs include an application fee, registration fee and a supervision fee (if it is needed). The Office of the Public Guardian will assess each case and place it in a band where it will receive a low, medium, intermediate or high level of supervision. The fees charged will be determined by the allocated band (contact the Office of the Public Guardian for band rates). It may be possible for a deputy to recover the costs from the person they have been appointed to make decisions for. Fees may also be waived or reduced for people on a low income.

Responsibility for the supervision of deputies lies with the Office of the Public Guardian.

FAQs

While owning assets in joint names can make it simpler, it does not invalidate the need for a Property and Financial Affairs Lasting Power of Attorney. For example, you could have a joint bank account with your spouse or registered civil partner. When one of the joint account holders pass away, the account is automatically transferred into the sole name of the surviving joint account holder. The sole account holder then becomes unable to manage their affairs. The attorneys under a property and financial affairs lasting power of attorney can then step in.

Yes you do. If you are married or in a registered civil partnership, many assume that your spouse or registered civil partner will automatically have the right and be able to deal with your affairs on your behalf, but this is not the case.

Yes you can. If you have an Enduring Power of Attorney and still have mental capacity, you can revoke the Enduring Power of Attorney Power and replace it with a Property and Financial Affairs Lasting Power of Attorney. A Deed of Revocation would be prepared revoking the Enduring Power of Attorney.

Both types of Lasting Powers of Attorney must be registered with the Office of the Public Guardian before the attorneys can use them.

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