Lasting Power of Attorney & Court of Protection Solicitors in Carlisle
Wragg Mark-Bell Solicitors helps people in Carlisle and Cumbria set up a Lasting Power of Attorney (LPA) and apply to the Court of Protection – appointing trusted people to make decisions about your health, welfare, property and finances if you ever become unable to do so.
Lasting Powers of Attorney (LPA) and the Court of Protection represent critical legal frameworks in England, designed to protect individuals’ interests should they become unable to make decisions for themselves. These mechanisms ensure that decisions regarding one’s health, welfare, property, and financial affairs are managed responsibly and in accordance with their wishes.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more people you trust – known as your attorneys – to make decisions on your behalf if you ever lose the ability to make them yourself. An LPA can cover two key areas:
- Property and Financial Affairs: your attorney(s) can manage your bank accounts, pay your bills, collect your pension or benefits, and sell your property, among other financial matters.
- Health and Welfare: this includes making decisions about your daily routine (e.g. eating and dressing), medical care, moving into a care home, and life-sustaining treatment.
It is crucial to appoint someone who understands your wishes and whom you trust implicitly, as they will have significant control over your life and assets. The process of setting up an LPA involves several legal steps, including completing the relevant forms and registering the LPA with the Office of the Public Guardian. It is advisable to seek professional legal advice to ensure that your LPA is correctly set up and reflects your wishes accurately.
What is the Court of Protection?
The Court of Protection is the court that makes decisions on financial, health and welfare matters for people who lack the mental capacity to make those decisions themselves. It steps in when someone has not set up an LPA and then loses capacity, appointing a deputy to act on their behalf. This process is more complex and time-consuming than setting up an LPA in advance, which is why early preparation matters.
Deputies are typically close family members or friends, but a professional deputy may be appointed in some circumstances. They are responsible for making decisions that are in the best interests of the person they represent, and they must follow the guidelines set by the Court of Protection.
The duties of a deputy might include managing the person’s finances, deciding on their care and living arrangements, and handling health and welfare decisions. Given the complexity and responsibility involved, prospective deputies should seek expert legal guidance. We provide comprehensive support throughout the deputyship application process, ensuring that you are well-informed and prepared for the responsibilities that come with being a deputy.
Preparing for the future by setting up a Lasting Power of Attorney, or understanding the process of becoming a deputy under the Court of Protection, is a prudent step for anyone concerned about their welfare or that of a loved one. These legal tools provide peace of mind, knowing that decisions about your life and assets will be in trusted hands should you become unable to make them yourself. Whether you are considering an LPA or navigating the complexities of the Court of Protection, professional legal advice can provide clarity and direction, safeguarding your future and that of your loved ones.
Why choose Wragg Mark-Bell Solicitors
Every case is unique, and we provide tailored legal services that meet the specific needs of each client. Our approach involves a thorough assessment of the circumstances surrounding your case, allowing us to offer personalised advice and strategies that align with your situation and objectives.
Meet our LPA & Court of Protection team
Director Laura Urquhart leads the team delivering this service. She is supported by the Private Client team Keith White and Graeme Ross, who will be dealing with these matters. Call us on 01228 510077 or contact us by email.
Costs
Our costs for this service are set out in full on our dedicated costs page.
Lasting Power of Attorney & Court of Protection FAQs
Can a family member witness a power of attorney?
Yes, a family member can witness a power of attorney document in England; however, there are important restrictions to be aware of. The witness must not be any of the attorneys or replacement attorneys appointed in the document.
It is also considered best practice to use an independent witness – someone not related by blood or marriage – to avoid any perception of bias or undue influence. This helps ensure the LPA’s integrity and may prevent complications during registration or if the document’s validity is later questioned.
Can a power of attorney gift money to themselves?
Under English law, an attorney appointed through an LPA for property and financial affairs has a duty to act in the best interests of the donor (the person who made the LPA). Attorneys can only gift money to themselves in very limited circumstances, such as making gifts for customary occasions (birthdays, weddings, etc.) to people related or connected with the donor, and the gifts must be of a reasonable value relative to the donor’s financial circumstances.
Any other instances would require specific authorisation from the Court of Protection and are generally scrutinised to ensure they do not conflict with the donor’s best interests.
What is more important, a will or power of attorney?
It is not a question of importance but of function and timing. A will and a power of attorney serve different purposes and are operative at different times. A will becomes relevant upon death, detailing how a person’s estate should be distributed. A power of attorney applies while a person is alive but becomes unable to make decisions for themselves due to mental incapacity. Both are essential legal tools, so having both a well-drafted will and a power of attorney is crucial for comprehensive estate and personal planning.
Who has more rights, next of kin or power of attorney?
In legal terms, a person appointed under a power of attorney has more clearly defined rights to make decisions on behalf of the donor regarding the specific matters outlined in the LPA (such as property and financial affairs, or health and welfare) when the donor lacks the capacity to do so.
The concept of ‘next of kin’ has a more significant role in healthcare decisions and does not confer an automatic legal right to manage someone’s property, financial affairs, or health and welfare decisions. So while next of kin may be consulted on health and welfare where there is no LPA, the attorney has legally defined powers and duties that can be acted upon in the donor’s best interests.
Can my mother change her will if I have power of attorney?
Yes, your mother can change her will even if you have been granted power of attorney, provided she retains the mental capacity to make decisions about her will. Having a power of attorney in place for property and financial affairs or health and welfare does not restrict the individual’s ability to make their own decisions, including changes to their will, as long as they understand the nature and consequences of those decisions.
The role of an attorney is to act on the person’s behalf concerning the specific powers granted by the document; it does not override the person’s autonomy to make personal decisions like amending a will whilst they retain the necessary mental capacity.
Contact our LPA solicitors in Carlisle
Planning ahead with a Lasting Power of Attorney, or supporting a loved one through a deputyship application, is one of the most reassuring steps you can take. For expert, sensitive local advice, contact Wragg Mark-Bell Solicitors today on 01228 510077.