Court of Protection & Powers of Attorney

Maintenance payments; Do attorneys and/or deputies need the Court of Protections’ approval?

It is not uncommon for someone to provide for the needs of another person. There are many situations where someone will assume responsibility for another person. There are no restrictions on someone providing for the needs of another person but the situation changes when the provider loses capacity.

Revoking a Deputyship Order

Where a person lacks capacity (“P”), the Court of Protection has the power to appoint a person to make decisions on their behalf. This person is known as a deputy. A deputy is usually given a variety of powers by the Court of Protection in relation to the property and affairs, including the control, management, acquisition and disposition of property of the person who lacks capacity.

Will Dispute (Testamentary Capacity): Understanding is key and the role of the Solicitor critical

It is the professional duty of a solicitor to ensure that every client is fully and properly advised. Where a solicitor is concerned that a client lacks the required mental capacity to make a Will, they should either decline to act or obtain the expert opinion of an appropriately qualified medical practitioner.

Cancellation of an enduring power of attorney

An Enduring Power of Attorney allows someone known as a donor to choose an attorney(s) to take control of their property and affairs. The attorney is authorised to access the donor’s bank accounts, sell the donor’s property or make payments. The attorney, however, does not have the authority to make decisions regarding the donor’s personal welfare matters such as residence, contact, health etc.

Revoking a Lasting Power of Attorney

A Lasting Power of Attorney (LPA) allows someone, referred to as a Donor, to choose attorney(s) to take control of their finances. The Donor should choose someone they trust since once the LPA for property and affairs is registered with the Office of the Public Guardian, it can be used immediately by the attorney - unless there are a specific restrictions.
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