Lasting power of attorney v Court of Protection

ecclesto

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?

alanq

Depends what "if anyone had a lasting power of attorney" means. An LPA may have been drawn up but it is no use until registered with the Court Of Protection. Once it has been approved then the attorney should not need to go back to the Court unless there are problems with restrictions.

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.

http://www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=154

Sw10

A Property & Financial Affairs LPA only gives an attorney the power to make decisions about financial and property matters (subject to it being registered and subject also to any limitations or restrictions contained in the document itself).

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.