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Lasting Power of Attorney and Deputies

DescriptionA lasting power of attorney is a legal document that lets you appoint someone (or more than one person), known as attorneys, to make decisions for you or help you make decisions. This is made in advance of someone losing their mental capacity to make a decision or decisions. If you wish to register a lasting power of attorney, you must complete specific forms and then register your 'attorney' with the Office of the Public Guardian. Previously people could appoint an attorney with an "enduring power of attorney", but since 1 October 2007 people can make a lasting power of attorney (LPA) instead.

A deputy is a person appointed to make decisions when some lacks capacity and they haven’t planned ahead for this. An application can be made to become a deputy for someone after they have lost mental capacity. A person can have more than one deputy. Deputies are appointed by the Court of Protection and must be 18 or over. Deputies are usually relatives or friends of the person who needs help making decisions.

You can also ask the Court of Protection to make a one-off decision about emergency medical treatment for someone, or non-urgent issues about someone’s care, such as where they live.

Visit the GOV.UK website for more information about Lasting Power of Attorney and applying to become a Deputy.

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Record last updated: 12 October 2015