Lasting power of attorney v Court of Protection
in Over 50s MoneySaving
2 replies 2.5K views
I had an interview with an officer from the Court of Protection this afternoon with regards to my mum. He said that if anyone had a lasting power of attorney and the person it concerned was unable to make decisions for themselves, they would still have to get a court of protection to take care of their affairs. But my friends paperwork states his named power of attorney has full power over his finances and affairs. If this is the case, why would the court of protection need to be invoked?
This discussion has been closed.
Latest MSE News and Guides
Did you know there's an MSE app?
It's free & available on iOS & AndroidMSE App
Regifting: good idea or not?
Add your two cents to the discussionMSE Forum
Energy Price Guarantee calculator
How much you'll likely pay from AprilMSE Tools
Is it possible that there is confusion between Financial LPA and Welfare LPA? Someone with one does not have the powers required for the other.
You have referred to a Lasting Power of attorney. Is it possible that what you are discussing is an Enduring Power Of Attorney? The rules are different.
If a decision needs to be made about a personal welfare matter, an application to the Court of Protection could potentially be needed. However, in most cases Doctors, healthcare workers, care home managers, social services and family members often work together by agreement to dispense with the need to make what can be an expensive court application.
If there were no close family members to consult with, this would increase the likelihood of a Court of Protection application being needed.