Powers of Attorney & Deputyship Applications

Unfortunately, we never know where life will take us, and our circumstances can change in an instant. Should an individual have a sudden accident or medical issue that renders them unable to handle their own affairs, such as a dementia diagnosis, then a Lasting Power of Attorney can be used to appoint either a loved one or a professional as the custodian of their affairs.

A Lasting Power of Attorney (LPA) can be used to overcome many of the practical issues that arise when someone can no longer manage their own affairs. It can allow a trusted individual to make important decisions regarding your future care needs and/or give them authority to take care of your finances and home.

If a loved one has already lost the mental capacity to manage their affairs, you can instead apply to the Court of Protection to become their deputy. This gives you the authority to make decisions for your loved one, such as what medical treatment they will have and how their finances are managed.

Our power of attorney solicitors in Bristol provide sensitive, practical advice and guidance for these complicated issues, giving you the peace of mind that you or your loved one will always have the right help for any important decisions that need to be made.

We understand that these situations can feel incredibly difficult and emotional, so we do everything in our power to take the load off your shoulders, handling all of the legal processes on your behalf. When you work with us, our Power of Attorney solicitors in Bristol will ensure that you feel supported both legally and personally.

If you have any questions regarding this process, please don’t hesitate to get in touch with one of our Power of Attorney solicitors in Bristol, our staff will be more than happy to answer any initial queries.

Speak to one of our Lasting Power of Attorney and Court of Protection solicitors now by calling 0117 909 4000 or contact your local Henriques Griffiths office in Bristol or Winterbourne.

Our Lasting Power of Attorney and Court of Protection services

Our Power of Attorney solicitors in Bristol can help you apply for a Lasting Power of Attorney or to become a Court of Protection deputy, as well as advise you on your duties as an attorney or deputy.

There are different types of LPA and Court of Protection deputyship, giving authority to the attorney or deputy over different aspects of a vulnerable person’s affairs. What you need to create or apply for will depend on the circumstances.

Lasting Powers of Attorney

There are two types of Lasting Power of Attorney you can create:

Health & Welfare LPA – This gives someone the authority to decide issues such as what medical treatment you can receive, whether you will be placed in a care home and whether you should be given life-sustaining treatment if required, as well as day-to-day issues, such as your diet, washing and what clothes you wear.

Property & Financial Affairs LPA – This allows your attorney to make decisions about issues such as managing your income, paying your bills and selling your home, if required.

Exactly what powers an attorney has under a Lasting Power of Attorney will be up to you as the person creating it, so this is something you should consider in consultation with your loved ones and your solicitor.

Court of Protection Deputyship

There are two types of Court of Protection deputyship you can apply for:

Property and financial affairs deputy – This can give you the authority to make decisions about things such as collecting a person’s pension, managing other income, paying bills and deciding whether to sell their home.

Personal welfare deputy – This can allow you to decide about issues such as what medical treatment a person receives and how they are looked after.

The Court of Protection will decide exactly what decisions a vulnerable person may need help with, which will be heavily dependent on the assessment made by an independent medical expert and the circumstances.

Common questions about Powers of Attorney & Court of Protection Deputyship

How do you register a Lasting Power of Attorney?

Once a Lasting Power of Attorney has been made, it will need to be registered with the Office of the Public Guardian (OPG).

You can register an LPA yourself, have your attorney do it or our solicitors can assist you with registration.

It usually takes around 8-10 weeks to register an LPA but can take longer if there are any issues with your application. Having our solicitors handle the registration for you can reduce the risk of mistakes, allowing your LPA to be registered faster and with less stress.

What is the difference between a Lasting Power of Attorney and an Enduring Power of Attorney?

Lasting Powers of Attorney replaced Enduring Powers of Attorney (EPAs) from 1 October 2007. They serve broadly the same function, but LPAs provide more flexibility, allowing you to create a Property and Financial Affairs LPA, a Health and Welfare LPA or both, depending on what decisions you believe you will need help with in the future.

Can you still register an Enduring Power of Attorney?

An EPA made before 1 October 2007 can still be registered and an EPA that has been registered can still be used.

Can you challenge a Power of Attorney?

If you have concerns about the suitability or conduct of someone who has been named as an attorney, or who is acting under a Power of Attorney, you may be able to challenge their appointment by contacting the Office of the Public Guardian (OPG) and/or the Court of Protection.

Our solicitors can advise you on your options and represent you during any subsequent proceedings, making sure your loved one’s needs are taken care of and their wellbeing stays protected.

Who can be a Court of Protection deputy?

Anyone aged 18 or over can apply to the Court of Protection to become a deputy, but usually applicants will be a relative or close friend of the person needing support.

Professionals such as solicitors and accountants can also sometimes act as deputies if there is nobody else willing or able to do so, or where their specialist expertise is considered beneficial.

Can you make a Will for someone with dementia?

If someone lacks mental capacity, for example, due to dementia, and they do not have a Will or their Will is not up to date, you can apply to the Court of Protection to make a Statutory Will on their behalf.

Depending on the circumstances, the Court may simply grant your application for a Statutory Will or you may be required to attend a hearing to justify the application (for example, where someone who is set to lose out in the proposed new Will has raised an objection).

Our solicitors can advise you on creating a Statutory Will and represent you in any subsequent proceedings, helping you to get certainty over the future of your loved one’s estate.

Why choose Henriques Griffiths’ Lasting Power of Attorney and Court of Protection solicitors?

Our lawyers are highly experienced in supporting individuals and their loved ones with all the issues surrounding mental capacity. We can offer the empathetic expertise you need to make sure all eventualities are considered, so you never need to worry whether your affairs or those of a loved one will be correctly managed. Our Power of Attorney Solicitors in Bristol understand how difficult this situation can feel and are at hand to provide support and reassurance

As part of the firm’s Wills, Trusts and Probate team, we can also advise you on making a Will, creating and managing trusts and all aspects of estate planning and administration. We have many years of working in this field behind us, positioning us perfectly to provide insight and tailored advice no matter what your situation is.

Henriques Griffiths is Lexcel accredited by the Law Society for our excellent practice management and client care. We are regulated by the Solicitors Regulation Authority (SRA) providing assurance that we continually meet the highest legal and professional standards.

Get in touch with our Lasting Power of Attorney and Court of Protection solicitors

For help creating a Lasting Power of Attorney or applying to become a Court of Protection deputy, please call us on 0117 909 4000 or use the links below to make an enquiry or request a call back.