Both Lasting Powers of Attorney and Deputyship Orders grant legal authority to make decisions on behalf of a person with diminished mental capacity.
When you have mental capacity, a Lasting Power of Attorney allows you to name someone (known as an “attorney”) in advance. If you lose mental capacity and are therefore unable to make decisions for yourself, this attorney will assist you in making decisions.
Even if you have mental capacity, your attorney can make decisions on your behalf regarding property and finances. However, they will require your approval and consent for the decision.
However, Deputyship Orders are issued if you have lost mental capacity and do not have a Lasting Power of Attorney. The Court can issue a Deputyship Order, appointing a person (known as a “deputy”) to assist you in making decisions.
If you appoint an attorney while you have mental capacity, you can choose someone you trust to represent you. It also allows you to determine their powers as your attorney. However, if a Deputyship Order is required, you will not have the power to nominate someone you trust, as the court will appoint a deputy whom they consider suitable to act.
Currently, it takes approximately 20 weeks to register a lasting power of attorney and between 24 and 28 weeks to grant a deputyship order. Although the timelines for obtaining these documents are comparable, obtaining a Deputyship Order can be more costly than obtaining a Lasting Power of Attorney.
Additionally, being a constable can be more demanding than being an attorney. This is due to the fact that the deputy is required to submit an annual report to the Office of Public Guardian (the governing body for all deputies). Each year, they must also obtain a “security bond” to secure your assets in the event of incapacity.
At DSL Solicitors, we have a team of Court of Protection and Probate specialists who can advise you on the best course of action, even though it is recommended to obtain a Lasting Power of Attorney rather than waiting until capacity is lost and obtaining a Deputyship Order.
