Powers of Attorney - Mental Capacity

Lasting Powers of Attorney and the Court of Protection - Mental Capacity Issues


If you wish to discuss your issue please call us on one of our local telephone numbers -
Newbury 01635 521212 / Swindon 01793 511055 / Wantage 01235 771234 -
or use the "Do you need help?" form on the left.


Mental incapacity arising as a result of old age, dementia, sudden illness or accident can affect any of us. Mental incapacity in its varying degrees touches and affects not only the person diagnosed but also their immediate family members and other individuals involved with their care. Living with or caring for a person who has dementia or mental capacity issues can be a physical and emotional strain which very often affects the health of other family members or carers, who can often find themselves faced with the task of having to manage the affected person's finances and property, or making treatment decisions, but having no legal authority to do so.


Planning ahead can alleviate some of these issues. Making a Lasting Power of Attorney (LPA) whilst a person still retains their mental capacity can prove to be a good insurance, providing peace of mind for all concerned. By an LPA the "Donor" (the person creating the power) appoints trusted individuals of his or her choice as his or her Attorneys, giving them the requisite legal authority to deal with the Donor's property and finances and/or their health and welfare at a time when the person can no longer manage their affairs or make treatment decisions themselves.


What happens if it is too late to make an LPA?


An application would need to be made to the Court of Protection for the appointment of a Deputy to manage the person's property and affairs. This can be time-consuming and expensive, with a requirement to submit an annual account to the Court, payment of annual Court fees and payment of an annual premium to maintain an insurance bond.


Our Specialist solicitors can advise you on:

  • the two types of LPA
  • the issues to consider when choosing your Attorneys
  • the powers and duties of Attorneys
  • the provisions that can be included in an LPA
  • the principles of the Mental Capacity Act 2005 and the Code of Conduct (to which the Attorneys must adhere)
  • the completion of the LPA, the timescales and procedures involved
  • registration of an existing Enduring Power of Attorney
  • making an application to the Court of Protection for the appointment of a deputy or for other orders in connection with the patient's affairs including statutory wills


Getting started ....


Factsheets are attached which we hope you will find helpful. Completing the attached questionnaire will help us to identify matters for consideration.


Questionnaire LPA

Lasting Powers of Attorney

Considerations for completing an LPA

Questionnaire Deputyship Application

Becoming a Deputy

Funding Care for the Elderly in England



Please let us know what we can do for you by filling in the "Need Help? section on the left.