Are Deputyships and Lasting Powers of Attorney the same?

August 16, 2023

A Deputyship application usually is required if an individual no longer has the capacity to make a Lasting Power of Attorney.

Lasting Power of Attorney

There are two forms of LPAs. The first being property and financial affairs which gives your attorney the right to, for example, pay your bills for you (the Donor), and the other is health and welfare, giving the attorney the right to organise medical care on your behalf and decide life-sustaining treatment options.

If you lose capacity and become unable to make your own decisions, having a Lasting Power of Attorney ensures your attorneys can make decisions on your behalf. LPAs are made as a safety precaution, whilst capacity is still present and may never be used. Considering who to appoint as an attorney is vital in the process of making this deed and you should be certain that you trust them with such authority.

An LPA can be written and registered within 8-12 weeks and once registered your financial attorneys can act for you immediately if required, meaning there will be no delay in accessing much-needed funds in an urgent situation.

The Office of the Public Guardian deal with LPA documents.

Deputyship

A Deputyship is a slightly different document which is used as a last resort when you have already lost decision-making capacity and you do not have an LPA in place, meaning no one has the legal authority to make decisions on your behalf. As a deputy you are authorised by the court to make decisions for them.

You must consider someone’s level of mental capacity every time you make a decision for them, and you cannot assume it is the same at all times and for all kinds of things, it can vary. There are certain things a Deputy must never do and that includes restraining the person unless it is to stop them coming to harm, stopping life-sustaining medical care/treatment or taking advantage of a person’s situation by profiting from a decision the Deputy has made on behalf of the person.

Some people are paid to act as Deputies, for example accountants, solicitors or representatives of the local authority. The Court Of Protection can appoint a specialist Deputy better known as a ‘panel Deputy’ from a list of approved law firms and charities if no one else is available to act.

Deputies can claim expenses for things they must do to carry out your role as a Deputy, for example phone calls, postage, and travel expenses. They cannot claim for travel costs for social visits or for the time spent carrying out their duties (unless they are a professional Deputy in which case they can, for example a solicitor).

Appointing a Deputy can take anywhere from 4-6 months onwards. In the meantime, it is possible that no one will be able to access funds to help pay bills or any care fees and no decisions can be made during this time.

The Court of Protection deals with Deputyship applications. If you feel you may benefit from seeking some more information from a professional that specialises in Wills and Probate, give us a call on: 01564 779393 or alternatively you can email us at enquiries@wallacerobinson.co.uk

Bethany Jackson
Paralegal – Wills and Probate Department

This article is for general information purposes only. It does not constitute technical, financial, legal advice or any other type of professional advice and is no substitute for specific advice based on your individual circumstances. We do not accept responsibility or liability for any actions taken based on the information in this article. For more information, please click here.