What is an Attorney?
If you’re over the age of 18 and you have the capacity to make your own decisions, you can choose to make a Lasting Power of Attorney, to appoint someone to manage your affairs on your behalf.
You can choose for your Attorney to take on this role straight away or you can specify in the document when you’d like them to start acting as your Attorney. For example, only when you lose the capacity to make your own decisions.
You can also include specific instructions for your Attorney and any preferences you have for how they manage your affairs.
No one can predict what’s going to happen in the future, so making a Lasting Power of Attorney can give you peace of mind knowing you’ll be taken care of if you can no longer make decisions for yourself.
What is a Deputy?
A Deputy is appointed by the Court of Protection to make decisions on behalf on an individual who lacks the capacity to make them themselves. Unlike someone appointing an Attorney, a Deputy has to be appointed by the Court, and can only be applied for once the individual has already lost capacity.
There are two types of decisions that the Court of Protection will make:
- Personal Welfare – The Court of Protection will make a decision relating to someone’s health and personal welfare, including treatment.
- Property and Financial Affairs Deputyship – Gives you the authority to pay their bills, sell their property and get their pension.
The Court will make a decision after confirming that the individual does in fact lack capacity through a capacity assessment. Evidence of this assessment should be submitted along with the Deputyship application.