Lasting Power of Attorney for a Parent
Whether you are helping a parent to plan for their future, or are concerned they can no longer make decisions for themselves, our specialist SRA-regulated solicitors are here to provide clear, compassionate guidance on the right legal path, be it an LPA or a Deputyship Order.
The First Step: Does Your Parent Have Mental Capacity?
When helping a parent with dementia, the legal path forward depends entirely on this crucial factor. Select the situation that best describes your parent below to see the correct legal solution.
The Solution: A Lasting Power of Attorney (LPA)
If your parent understands the decision and its consequences (even if they have good and bad days), they can create a Lasting Power of Attorney (LPA). This is a powerful legal document where they choose someone they trust (the 'Attorney') to make decisions for them if they are unable to in the future.
- This is the proactive, simpler, and more cost-effective path.
- It allows your parent to decide who is in control of their affairs.
- Our compassionate solicitors can visit your parent to assess capacity and take their instructions in a comfortable setting.
The Solution: A Court of Protection Deputyship Order
If dementia has progressed to the point where your parent can no longer understand the decision, they cannot legally make an LPA. To manage their affairs, you must apply to the Court of Protection.
- The Court can issue a Deputyship Order, appointing a 'Deputy' to make decisions.
- This is a reactive, court-supervised, and more complex process than an LPA.
- The Court, not your parent, decides who to appoint based on what is in their best interests.
Navigating the issue of mental capacity is a sensitive and complex legal task. Our solicitors can provide an expert assessment and guide you on the correct and most compassionate way forward.
"They Handled a Difficult Situation with Compassion and Professionalism"
Your Questions Answered
Possibly, yes. The test for mental capacity is decision-specific and must be assessed at the time the decision is made. If your parent has periods of lucidity where they understand the purpose and consequences of an LPA, they may still be able to create one. This requires a careful and professional assessment by a solicitor, often with input from a medical professional.
The Court of Protection is a specialist court that makes decisions on financial or welfare matters for people who lack the mental capacity to do so themselves. Appointing a Deputy is a significant part of its work. The process is more complex, costly, and time-consuming than creating an LPA, which is why we always advise clients to plan ahead if possible.
Creating an LPA is a fixed-fee service. Applying for a Deputyship Order is more complex and our fees will be based on the work required. In either case, we provide a clear, written quotation for your approval before any work begins, so you have complete certainty on costs.
Get a Clear Path Forward
This is a difficult journey, but you don't have to navigate it alone. Let our expert solicitors provide the clear, compassionate guidance you need.
Request a Callback to Get StartedGet in Touch
0330 333 8797
info@wildings-solicitors.co.uk
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