Wills & Probate
For Your Family’s Future

Powers of Attorney and Court of Protection Orders

Lasting Powers Of Attorney

The Enduring Power of Attorney was replaced by Lasting Powers of Attorney on 1 October 2007.  Whilst no more Enduring Powers of Attorney can now be made, those already made before this date may still be used and, where necessary, may be registered as before if the Donor of the power loses mental capacity.

The Lasting Powers of Attorney now come in two different forms.  One covers your property and financial affairs (covering similar issues to the old Enduring Power of Attorney) and the other covers health and welfare issues.  You will not necessarily require both but any Lasting Power of Attorney made will need to be registered with the Office of the Public Guardian BEFORE it can be used.

The powers may be modified and restricted to suit your needs but below are examples of the types of decision that can be made on your behalf under each type of Lasting Power of Attorney if unrestricted.

Types of decisions that can be made with an unrestricted Property and Financial Affairs Power:

  1. Buying or selling property.
  2. Opening, closing or operating any bank, building society or other account.
  3. Giving access to the donor’s financial information claiming, receiving and using (on the donor’s behalf) all benefits, pensions, allowances and rebates.
  4. Receiving any income, inheritance or other entitlement on behalf of the donor.
  5. Dealing with the donor’s tax affairs.
  6. Paying the donor’s mortgage, rent and household expenses.
  7. Insuring, maintaining and repairing the donor’s property.
  8. Investing the donor’s savings.
  9. Making limited gifts on the donor’s behalf.
  10. Paying for private medical care and residential care or nursing home fees.
  11. Applying for any entitlement to funding for NHS care, social care or adaptations.
  12. Using the donor’s money to buy a vehicle or any equipment or other help they need.
  13. Repaying interest and capital on any loan taken out by the donor.

Types of decisions that can be made with an unrestricted Health and Welfare Power:-

  • Where the donor should live and whom they should live with.
  • The donor’s day-to-day care, including diet and dress.
  • Consenting to or refusing medical examinations and treatment on the donor’s behalf.
  • Arrangements needed for the donor to be given medical, dental or optical treatment.
  • Assessments for and provision of community care services.
  • Whether the donor should take part in social activities, leisure activities, education or training.
  • The donor’s personal correspondence and papers.
  • Rights of access to personal information about the donor.
  • Complaints about the donor’s care or treatment.

We can help you with the making of a Lasting Power of Attorney and also with the registration process that must be carried out before the Lasting Power of Attorney can be used. We can also assist you with the registration of an existing Enduring Power of Attorney.

Court of Protection Orders

If you become unable to manage your affairs and are not capable of instructing a Solicitor to draw up a Lasting Power of Attorney for you, the alternative is a Court of Protection Order.

In such cases the Court will make a decision as to who should manage your affairs (the Deputy) and what powers they have, or do not have.

Solicitors fees for dealing with Court of Protection work are fixed by the Court, although some Solicitors may apply to the Court to have the fees increased if they feel that their costs are in excess of the fixed fees.

For a basic Court of Protection Order to be taken out, the basic fee, up to the granting of the Order, is currently fixed at £850.00 + VAT.  There are also disbursements to be paid.  An application fee of £400.00 is payable to the Court on submitting the application and also fees will be payable for a medical assessment (ranging from approximately £75.00 to £200.00) which are determined by the specialist carrying out the medical assessment.  If there are any particular issues that need to be dealt with, such as dealing with the sale of a property, further permission is needed from the Court to proceed and further costs.

To contact our Wills & Probate team, please call 01744 454433, or click here to email probate@sthelenslaw.co.uk >