West Dorset Magazine - October 2023

Decide who makes decisions for you if you lose capacity

What happens if you have not made a Lasting Power of Attorney “LPA” and you lose the ability to make decisions about your health and financial affairs?

When it comes to making decisions about your future, knowing who will be responsible for making difficult decisions about your health and financial affairs is reassuring.

If an LPA has not been made or is no longer suitable, then the most appropriate representatives will need to apply for a Court of Protection Order, which will enable them to act on behalf of the person who has lost capacity. These representatives are called Deputies. Like an LPA, the appointed Deputy can take on the responsibility of making decisions on your behalf when you are unable to do this yourself. However, unlike an LPA, where you as the donor can choose who will act as your Attorney, it is the Court who decides who will be appointed as your Deputy. There are two categories of Deputyship orders: Property & Financial Affairs; and Personal Welfare, but the Court will decide whether both are required. Deputies do not have the same flexibility to make decisions as Attorneys do. For example, the court will only appoint a Welfare Deputy if they believe the personal decisions being made are not considered in the best interest of the unwell person. The Deputy appointed is also not necessarily a member of your family.

The procedure to apply for an Order is costly and requires the involvement of an appropriate medical practitioner. The process is much longer than that of an LPA application and can take 6-10 months for an Order to be issued. Having to apply, pay for and attend court hearings to become a Deputy can quickly become expensive and stressful for your family.

All of this uncertainty, cost and stress can be avoided by creating an LPA while you are fit and well.

We would be delighted to advise you upon how you can choose those you trust to make decisions for you should you not be able to in the future not only based on practicality, but on knowing you as an individual.