What happens when someone can no longer make decisions about their finances or welfare? For families, knowing what to do next can be challenging, particularly where there is no valid Lasting Power of Attorney in place. In these circumstances, Deputyship may be required. But when is Deputyship needed? How does the application process work? And what responsibilities does a Deputy take on? Victoria Mansell, Senior Associate Solicitor in our Court of Protection team, explores the key points you need to know about Deputyship and the role of the Court of Protection. https://lnkd.in/e3PaahRQ
Understanding Deputyship and the Court of Protection
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One of the most difficult things to think about is a time when you are no longer able to manage your affairs yourself and you need others to help you make important decisions. There is more to a Lasting Power of Attorney than just having a long term, late life care plan in place. What happens if you find yourself dealing with an unexpected illness or accident, who would be there to make important decisions for you? An LPA will enable those given the power to make decisions about your property and financial affairs, your health and welfare, or both. It’s also important to consider having a power of attorney in place for your dependents. As your children grow and move away from home, they may not have a spouse who can act on their behalf. Or, if they are at university they will need a power of attorney in place in case they find themselves in need. When your children turn 18 you can no longer make decisions on their behalf. Lasting Power of Attorney’s work for all ages and should form an integral part of your future plan. We work with many highly experienced legal service providers who can arrange Wills and Lasting Powers of Attorney, and we can refer you to them when you need it. The writing of a Will or Powers of Attorney involves the referral to a service that is separate and distinct from those offered by St. James's Place. Wills and Powers of Attorney are not regulated by the Financial Conduct Authority.
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Enduring Powers of Attorney may have been replaced almost 20 years ago, but many remain valid today. An Enduring Power of Attorney (EPA) allows someone to appoint a trusted person to manage their property and financial affairs if they become unable to do so themselves. Although EPAs were replaced by Lasting Powers of Attorney (LPAs) in October 2007, any EPA correctly signed before 1 October 2007 can still be used. Unlike an EPA, an LPA can cover both property and financial affairs and health and welfare decisions. If an attorney believes the donor is losing, or has lost, mental capacity, the EPA must be registered with the Office of the Public Guardian before they can continue acting on the donor's behalf. For many people, there is no need to replace an existing EPA. For many people, there is no need to replace an existing EPA. However, Anisha Kaur, Solicitor in our wills and estates team, advises that changes in family circumstances, attorneys or future care arrangements may mean it is worth reviewing whether an existing EPA still meets your needs.
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Power of Attorney is back in the headlines this week. And not for particularly good reasons. The Financial Times reported a record 11,910 complaints about alleged financial misconduct involving Lasting Powers of Attorney, up 16% on the previous year. At the same time, concerns raised about Sir Ranulph Fiennes' welfare have brought questions about family involvement and decisions made on someone else's behalf into the spotlight. We don't know all the circumstances of that case, and it's important to distinguish allegations from proven wrongdoing. But both stories raise a much bigger question. Are we doing enough to support and safeguard people when someone else takes responsibility for their affairs? Power of Attorney is an important legal protection. But having the authority to act is only part of the answer. In practice, someone has to manage money, pay bills, make decisions, keep records and sometimes explain those decisions to other family members. And often that responsibility falls to someone who has never done anything like it before. Most people are simply trying to do the right thing, often alongside their own jobs, families and everything else life throws at them. We spend a lot of time thinking about what happens when things go wrong. Surely we should be doing more to help people get things right in the first place? Better support, clearer records, more transparency and appropriate safeguards, without creating even more bureaucracy for families. This is what I think of as financial carekeeping. Something millions of people are already doing, but which we've never really recognised or supported as a responsibility in its own right. Perhaps it's time we did. The two articles that prompted my thoughts this week: Financial Times: Record 12,000 complaints made against Lasting Powers of Attorney https://lnkd.in/enj2jGpt The Guardian: Ranulph Fiennes' stepson raises concerns about the explorer's welfare https://lnkd.in/e74NW7RV #FinancialCarekeeping #PowerOfAttorney #Safeguarding
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What happens if you lose capacity without an LPA? Many people assume that if they were no longer able to make decisions for themselves, their spouse, partner or children would automatically be able to step in and manage things on their behalf. Unfortunately, this isn’t always the case. If you lose mental capacity without a Lasting Power of Attorney (LPA) in place, even those closest to you may not automatically have the legal authority to manage your finances or make certain decisions for you. For financial matters, your family may need to apply to the Court of Protection for a Deputy to be appointed. This can be a more lengthy and costly process, with ongoing responsibilities once a Deputy is in place. An LPA allows you to plan ahead and, importantly, choose who you trust to act for you. There are two types of LPA: • Property and Financial Affairs – covering matters such as managing bank accounts, paying bills, dealing with investments and managing or selling property. • Health and Welfare – covering decisions about matters such as your care, medical treatment and where you live if you are unable to make those decisions yourself. LPAs are not just something to consider later in life. An accident or illness can affect our ability to make decisions at any age. Putting an LPA in place while you have capacity means that you remain in control of who you would want to make important decisions for you if the need ever arises. If you would like advice about putting Lasting Powers of Attorney in place, please contact us to find out how we can help. #LastingPowerOfAttorney #LPA #CourtOfProtection #EstatePlanning #FuturePlanning #LegalAdvice
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“I’m too young for an LPA.” It is the sentence I hear most often, and the one that worries me most. If you’re in your 40s or 50s, an LPA may feel like something for much later in life. But it is not about old age or the end of life. In England and Wales, a Lasting Power of Attorney is the document that allows you to choose who can act for you if, through illness, injury or an accident, you are alive but cannot make or communicate decisions for yourself. That period might last a few weeks, a few months or longer. It could relate to decisions about your finances and property, your health and welfare, or both. The important point is that an LPA must be created while you have the mental capacity to make that choice. That is precisely why it is so easy to put off: the time when you need it may be the time when you can no longer arrange it yourself. This is not just about Wills. A Will takes effect after death; an LPA is about making sure your chosen people can support decisions during your lifetime. Get your life in order before somebody else has to. The right arrangements will differ from person to person, so this is general information rather than personal legal advice. What would you want your family to know if you could not explain it yourself? Take the free Family Readiness Scorecard: https://lnkd.in/g8V4JPKW #ALifeInOrder #LastingPowerOfAttorney #LaterLifePlanning #FamilyReadiness
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Changes to family law enforcement are putting renewed focus on what happens when financial obligations are disputed, particularly where families are already navigating complex child support arrangements. From 21 September 2026, the Federal Circuit and Family Court of Australia introduced a new National Enforcement List, designed to streamline the enforcement of financial and property orders and deal with non-compliance more quickly and consistently across Australia. Recent commentary has also raised broader concerns about the pressure parents can face when child support assessments are disputed, particularly where the underlying income calculation is itself in question. The article highlights allegations from parents about assessment errors, lengthy review processes and the financial strain of challenging a liability while collection may continue. For separated parents, the key message is that enforcement and assessment are not always the same issue. If you believe a child support liability, financial order or underlying calculation is incorrect, obtaining advice early can be critical before the matter becomes more difficult or costly to resolve. Read the article for more on the issues currently being raised around child support enforcement: https://lnkd.in/g8SYwTeW #ToomeyFamilyLaw #ChildSupport #FamilyLaw #FinancialOrders #FamilyLawAustralia #ComplexFamilyLaw
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4. Lasting Powers of Attorney – and Medical Wishes Mental incapacity, specifically dementia, is a sad fact of life for many people. Wherever you find yourself on the spectrum of life, I strongly recommend making a ‘Lasting Power of Attorney’ (LPA), which comes in two parts: • Property and Financial Affairs; and • Health and Welfare. In Scotland LPAs are called ‘Continuing Powers of Attorney’. Otherwise, loss of mental capacity will typically lead to a much more complex and potentially long-drawn-out process, whereby the individual’s affairs are put into the hands of the Court of Protection which will appoint a ‘deputy’ to make decisions on your behalf (and you really don’t want to go there). #lastingpowersofattorney #lpa #estateplanning #mentalincapacity #dementia Read more: https://lnkd.in/e8rKwyUW
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A Will and a Lasting Power of Attorney do different jobs – and many people need both. A Will sets out what should happen to your estate after you die. But it does not give someone authority to manage your finances or make decisions about your health and welfare if you lose mental capacity during your lifetime. That is where a Lasting Power of Attorney (LPA) can help. Our latest guide explains the difference between a Will and an LPA, why they are both important, and the situations where specialist advice can make a real difference – from blended families and vulnerable loved ones to business interests and future care planning. Read the full article and view our Wills & LPAs infographic here: https://ow.ly/blYT50ZWaxC To speak to our specialist Later Life team, call 01934 623 501 or email helpforyou@powellslaw.com #PowellsSolicitors #WillsAndLPAs #LastingPowerOfAttorney #LaterLifePlanning #WestonSuperMare
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When legal problems arise, getting support early can change everything. New evidence from one of our longest-running programmes shows that early legal advice helps people resolve issues before they escalate, access justice sooner, and achieve better outcomes during some of the most challenging moments in their lives. Since July 2023, the programme has supported: 🔵 184,000+ clients supported 🔵 265,000+ legal issues addressed 🔵 75% of issues resolved before reaching court or tribunal Behind the numbers are people gaining a better understanding of their rights and options at work, families avoiding homelessness through timely housing advice and communities benefiting from millions of pounds in additional income through welfare benefits advice. Organisations are also meeting people where they are. From community centres and foodbanks to outreach services and advice buses, they are bringing legal support directly into trusted local spaces, helping reach people who might otherwise never access advice. The evidence is clear: early legal support works. It prevents problems from escalating, strengthens confidence, improves wellbeing, and helps people secure fair outcomes when they need them most. As demand grows and cases become increasingly complex, sustained and flexible funding will be crucial to ensuring advice organisations can continue reaching people before issues become crises. 👉 Read the full article and find out how you can support us to increase greater access to justice for those who need it most on our website here: https://lnkd.in/eEhztwCz
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