PAUL KING TEP EXPLAINS:
Q: What happens if I lose capacity & I don’t have a LPA?
“If you do lose mental capacity and you don’t have a Lasting Power of Attorney, someone will have to apply to the Court of Protection for a ‘Deputyship Order‘. The person who applies may not be the person you would have chosen yourself. The application process is lengthy and expensive. Once an order is granted, that person (who is called a ‘Deputy’) can make decisions for you, which might include:
- Paying bills and expenses on your behalf.
- Deciding how your day is organised.
- Deciding how you receive care.
- Deciding if your home will be sold.
The Deputy must always act in your best interests, but abuse does happen – including theft, fraud, misuse of property, possessions or benefits, undue pressure and neglect (OPG, 2015). This is one reason why making a Lasting Power of Attorney and nominating someone you trust to manage your affairs is a sensible choice.
Applying for a Deputyship Order is a long, complex and often intrusive process. It is also expensive. Making a Lasting Power of Attorney is a much simpler, cheaper and quicker way to elect somebody you trust to manage your affairs should you be unable to do so yourself. It puts you in complete control of who will make decisions for you, and the extent of their powers.
We offer a free information pack and a free one-hour session to discuss making a Lasting Power of Attorney, without obligation. Complete the form below to get your pack or call my team on 0800 788 0500 Mon – Fri 9am – 5pm to book your appointment.”
