Lasting Power of Attorney and Deputyship: when an individual has lost the mental capacity to manage their financesInformation for patients, their families and carers

This information is for professionals and family members who need advice when arranging Lasting Power of Attorneys and Deputyships for individuals who have lost the mental capacity to manage their own finances.

When can a Lasting Power of Attorney be arranged?A Lasting Power of Attorney (LPA) has to be arranged before someone loses mental capacity. By signing the documents, an individual (referred to as ’the donor’) gives their authorization to an ’Attorney’ (normally a family member but can be a solicitor) to act on their behalf. The attorney can begin to use their power as soon as the LPA has been registered - unless the donor puts a restriction on the LPA.

In the majority of cases however, LPAs are not used until the donor has lost mental capacity to manage their own financial affairs. Many older people and people diagnosed at the early stage of a degenerative condition (such as dementia) arrange LPAs.

How do I apply for an LPA?The process for applying for an LPA is now online and is quite straightforward: www.gov.uk/power-of-attorney/make-lasting-power

A ’certificate provider’ - someone who has known the person for over two years* or has relevant skills and knowledge, needs to sign the form to confirm that the individual has the mental capacity to consent to an LPA. They need to be satisfied that the donor understands, can communicate their understanding, and retain information from the LPA information sheet (see Further information on page 2).

*family members cannot be a certificate provider.

What if an individual has lost mental capacity before the LPA is arranged?Clearly, many people are not able to plan ahead in this way. If someone loses the mental capacity to manage their finances but does not have an LPA in place, then the following steps are required.

Step 1: Determine whether the person has the mental capacity to consent to an LPA. Although someone might have lost their mental capacity to manage their finances on a day to day basis, they might still be able to consent to an LPA.

Step 2: If someone lacks the mental capacity to manage their finances and lacks the mental capacity to consent to an LPA, then they will require a deputyship order. A deputyship order gives the donor (the indiviual who has lost capacity) more protection; the person managing their finances (the attorney) needs to be able to evidence (for example by keeping all receipts) that they have acted in their best interests.

How do I set up a deputyship order?The Office of the Public Guardian (OPG) oversees deputyship orders.

To request the necessary forms, telephone the OPG on 0300 456 0300 and select ’Deputy or Receivership’ from the menu options. The forms that you need are: COP1, COP1A, COP3, and COP4. The forms are quite lengthy and many people opt to instruct a solicitor to help with the completion of these.

For further information visit www.gov.uk/become-deputy/overview

NB There is a separate Lasting Power of Attorney which covers decisions regarding health and welfare.

Further information• Office of the Public Guardian. Information you must read. In: Lasting power of attorney: property and financial affairs. 2013; page 2 (available from: www.gov.uk/government/uploads/system/uploads/attachment_data/file/245566/ LPA117_Property_financial_affairs_LPA.pdf)

Information produced by Dr Melanie George, Principal Clinical Neuropsychologist Date: May 2015 Review date: May 2017 Web 185

Any complaints, comments, concerns, or complimentsIf you have other concerns please talk to your doctor or nurse. Alternatively please contact our Patient Advice and Liaison Service (PALS) on 01227 783145 or 01227 864314, or email ekh-tr.pals@nhs.net

Further patient information leafletsIn addition to this leaflet, East Kent Hospitals has a wide range of other patient information leaflets covering conditions, services, and clinical procedures carried out by the Trust. For a full listing please go to www.ekhuft.nhs.uk/patientinformation or contact a member of staff.

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