The need for Lasting Powers of Attorney and Deputyships is increasing. Largely, this is in response to the UK’s ageing population, however, the need for an Attorney or Deputy can arise in numerous situations. For example, after a traumatic head or brain injury, birth trauma, learning disabilities, old age and frailty or anything that requires another person to step in and manage an individual’s financial affairs or health and welfare.
Having completed a six-month training seat with the Court of Protection team at WBW in Newton Abbot, here are my top tips for Attorneys and Deputies to assist you in your role.
- Avoid the need to apply to Court by making a Lasting Power of Attorney (LPA).
Applications to the Court are time consuming and costly. Instead of waiting, a person can make and register an LPA so long as they have the mental capacity to do so at any time, to avoid potential problems in the future.
Remember, Powers of Attorney are not just for the elderly!
- Always keep the paperwork!
Whilst society is developing progressively more into a ‘cashless’ and ‘paperlight’ world, it is vital that an Attorney or Deputy keeps copies of the paperwork. This doesn’t just mean keeping the Tesco receipts, but also details of appointments, letters, significant decisions, etc.
As an Attorney or Deputy, you must be able to account for payments made and received on behalf of the donor. One recommendation is to keep a spreadsheet to keep on top of the finances. This is also a great way to review annual spending.
- Make time for regular visits and check ins.
Visiting can sometimes be challenging and so you should always try and explore other ways to interact with an individual other than in person, if this is too difficult. Think about a telephone or video call, or something more traditional like a letter. Communication does not have to be limited to face-to-face.
Keep in contact with friends and family members. Maintaining communications will more often assist you in your decision-making role and ensure that you are acting in the individual’s best interests. Best interest decision making is a process by which you will be expected to have contact with the persons loved ones as well as giving consideration to what their past wishes and feelings may have been.
- Annually review benefits.
There are various non-means tested benefits which an individual may be eligible to claim regardless of their overall asset levels, for example, Attendance Allowance or other disability related benefits.
Make use of the free benefits checkers available online via the Government website. Professional guidance is also available subject to a fee.
This is a requirement under the Deputy standards and recommendation to Attorneys.
- Don’t forget any tax obligations.
You can speak to one of our specialist tax advisors for assistance in completing and filing tax returns.
- Your role is to protect, enable, support and empower.
Every act and decision an Attorney or Deputy makes should be the least restrictive option. Mental capacity is time and decision specific and an individual may have capacity to make one decision but not another. Involve the individual in the decision and consult with other persons, where you can.
- Decisions need to be in the best interests of the individual.
Think creatively and always in line with the individual’s dignity and liberty.
- Finally, always approach decisions with an open mind.
The most important part is understanding the role of Attorney or Deputy. The role is demanding, supervised, and regulated but also enormously rewarding.
Here at WBW Solicitors, our dedicated team can offer bespoke advice on your obligations and duties in your role.
For further information or to book an appointment, please contact us on 01626 202404 or email lawyer@wbw.co.uk.
WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Chard, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
