Can I Make A Lasting Power Of Attorney For My Loved One If They Have Lost Capacity?
Posted on 19th May 2020
If your loved one has lost capacity, and they haven’t put in place any legal documents to give you power to deal with their property and financial affairs or health and welfare decisions (for example, a Lasting Power of Attorney, which you can read more about in our Solicitors in Longridge’s blog, here), you may need to make an application to the Court of Protection to be appointed as their Deputy.
What does the Court of Protection do?
The Court of Protection exists to protect and look after the best interests of anyone who lacks mental capacity to make decisions for themselves. Not only this, they also exist to determine whether a person lacks capacity, and to decide what actions to take on their behalf. For example, whether to appoint a lay or professional deputy to act on the individual’s behalf.
How does a person lose capacity?
A person can lose capacity in many different circumstances; from dementia, old age, or an accident, such as a trip, fall or road traffic accident. This means that, for whatever reason, they generally no longer have the ability to make decisions about their life or to deal with their own affairs themselves.
One of the reasons a person loses capacity could be due to a degenerative illness, such as Dementia or Alzheimer’s Disease. As members of Longridge’s Dementia Friendly Community, as well as the wider Dementia Support network, our team of Solicitors in Longridge are well versed in dealing with people who are, sadly, suffering from a degenerative illness. We have experience in ensuring that steps are taken to ensure that a person’s legal affairs are in order, before they fully lose their capacity. Our team are also experts in making applications to the Court of Protection once a person no longer has capacity.
Other ways that a person can lose capacity include accidents, such as road traffic accidents, accidents at work, and slips, trips or falls, or due to someone else’s negligence.
When will I need to become involved with the Court of Protection?
If the person who has lost capacity has not appointed any Attorneys under a Lasting Power of Attorney, their loved ones may need to make an application to the Court of Protection.
If you currently have capacity and wish to discuss making a Lasting Power of Attorney, you can contact our team online, here, or via email to email@example.com.
How much will it cost to make an application to the Court of Protection?
These are fees payable to third parties (and therefore, not fees payable that our team has any control over).
1) The Court of Protection will charge an application fee of £365.00 (as of 19th May 2020) for every application made. If you want to apply to be appointed as a Deputy for someone’s financial decisions and health decisions, you will need to make two applications (although this can be done on the same application form, in most cases) and pay two application fees.
2) Quite often, in order to assess that a person no longer has their capacity, a medical report will need to be commissioned. Although these fees can differ depending on your local GP’s practice, in our Solicitors in Longridge’s experience, the fees charged are usually in the region of £100.00 to £200.00 (normally no VAT is payable).
3) Another disbursement that will be payable will be a Deputy’s Bond. Again, this amount will differ depending on which provider you use and the amount of the Bond required by the Court.
As an example, in a recent matter that our team of Solicitors in Longridge have dealt with, there was a Bond required of £30,000.00. Our team utilised the Court’s recommend Bond provider, Howdens, on behalf of the Deputies. Howdens charged £97.50, which was payable over 5 annual instalments: one of £22.50 immediately, another two subsequent annual instalments of £22.50, and two final annual instalments of £15.00.
You can find out about the different amounts that you may need to pay online, here, however it’s important to bear in mind that the Court will determine the amount of the Bond, and you would not normally find this out until towards the end of your application’s process.
These are the fees that you will pay to our team of Solicitors in Longridge, Garstang and Lancaster to deal with the application on your behalf.
Generally, costs in a Deputyship application are capped by the Court at £950.00 plus VAT, otherwise the file has to be costed (which is when a third party professional calculates how much work has been carried out by the firm of solicitors, and how much this will, therefore, cost the Deputies on behalf of the person). At MG Legal, we will charge you a fixed fee based on how much you require our assistance with.
Why Choose MG Legal?
Unlike other solicitors, our team don’t just charge the full amount (as set by the Court) from the offset. Our team will discuss your matter with you, and agree a fixed fee based on the assistance that you require.
Our team are experts in making applications to the Court of Protection, and they can provide you with as much (or as little guidance) as you need.
You can read our excellent reviews, here. They really do speak for themselves.
How can I contact MG Legal?
Well, whatever your preferred method, we have an option for you. You can visit your local office, email us to firstname.lastname@example.org, call your local office (Longridge - 01772 783 314, Garstang - 01995 602 129 or Lancaster - 01524 581 306) or contact us online, here.
We’re easy to contact, and no matter which method of enquiry you choose, our team are available Monday to Friday from 8:30am to 5:30pm (and, quite often, at weekends, too).
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