Mitra Mann Archive

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.

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.

Lasting Power of Attorney - Preventing Abuse

A Lasting Power of Attorney (LPA) can be a useful tool when people become incapable of running their own financial affairs. An LPA allows someone, of the donor’s choice, to step in and take control of the donor’s finances. Because of the great power the LPA gives them, attorneys are often trusted friends or family of the donor. However, where attorneys abuse this power, measures have to be taken to protect the donor. This is particularly important when the donor cannot protect themselves or even complain about the way their attorney is acting.

Appointing a Court of Protection Deputy

A Deputy is very often required to manage a vulnerable person’s property and affairs when that person has lost capacity and there is not a Power of Attorney in place. Since the vulnerable person is no longer able to appoint someone of their choice, the Court of Protection will appoint someone known as a Deputy to manage that person’s finances.
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