E: reception@clodes-solicitors.com

T: 02920 765050

Lasting Power of Attorney & Deputyship in England and Wales

by | Oct 13, 2025 | Deputyship, Lasting Power of Attorney

Health and Finance LPA forms with Clodes Solicitors pen

Introduction: Proactive Protection for You and Your Loved Ones

In England and Wales, anticipating the risk of lost decision-making capacity due to illness, accident, or age is crucial to ensure financial security and personal welfare. Many people across Cardiff areas such as Pontprennau, Pentwyn, Lisvane, Cyncoed, Llandaff, Pontcanna, Penylan, Old St Mellons, as well as central London communities like Chancery Lane, Kensington, and Knightsbridge are increasingly considering their options. The choices boil down to two key avenues: granting a Lasting Power of Attorney (LPA) or, if capacity is already lost, seeking a Deputyship Order from the Court of Protection.

Lasting Power of Attorney (LPA): Control Before Capacity Is Lost

A Lasting Power of Attorney (LPA) is a legal document governed by the Mental Capacity Act 2005. By making an LPA while you have capacity, you appoint one or more “attorneys” to make decisions on your behalf if you lose the ability to do so. The process is both flexible and proactive: you choose your attorneys, set the scope of their authority, and can provide guidance or restrict certain actions.

There are two types of LPA:

  • Property and Financial Affairs LPA – Allows attorneys to manage finances, pay bills, handle investments, and even sell property. You can permit your attorney to act immediately or only if you lose capacity.
  • Health and Welfare LPA – Attorneys can make decisions about medical treatment, daily care, and where you live, but only if you have lost capacity.

You may appoint:

  • Family members or trusted friends if you wish.
  • Multiple attorneys to act jointly or independently.
  • Professional attorneys, such as solicitors, which is especially prudent for complex or high-value estates.

Why Appoint a Specialist Solicitor as Your Attorney?

Many clients hesitate to place the burden or potential liability on family or friends. Professional attorneys—particularly solicitors – offer several distinct benefits:

  • Professional indemnity insurance: Solicitors are required by law to have indemnity insurance. This protects the donor against loss caused by error or dishonesty – offering a layer of protection rarely matched by lay attorneys.
  • Expertise in complex matters: A specialist solicitor is better equipped to address legal intricacies, large or diversified estates, business interests, and regulatory compliance.
  • Minimising family burden: Appointing a professional ensures your loved ones are not unduly burdened with administrative, financial, or legal responsibilities.

Remuneration of Attorneys and Deputies

  • Lay Attorneys and Deputies: Typically act unpaid apart from recovering reasonable out-of-pocket expenses, unless the LPA or Court Order specifies otherwise.
  • Professional Attorneys/Deputies: Solicitors and other professionals are entitled to remuneration for their work. This must be agreed in the LPA or by the Court in a Deputyship arrangement, and is subject to scrutiny by the Office of the Public Guardian (OPG) and the Court of Protection.

Duties and Obligations of Attorneys and Deputies

Whoever is appointed must:

  • Act strictly in the donor’s best interests.
  • Adhere to any restrictions or directions set out in the LPA or Deputyship order.
  • Engage the donor in decision-making to the extent possible.
  • Keep detailed records and accounts.
  • Avoid conflicts of interest and never misuse the donor’s funds.
  • For deputies, annual reporting to the OPG is mandatory.

Safeguards: Preventing and Addressing Abuse

Attorneys and deputies are subject to robust legal oversight. If concerns arise about misconduct or failure to meet the required standards, action can be taken:

  • All attorneys and deputies are supervised by the Office of the Public Guardian (OPG).
  • Anyone concerned about potential abuse or neglect of duties can report this.
  • The Court of Protection can investigate complaints and has powers to remove and replace attorneys or deputies.

Illustrative Case Law

  • In Re JLA [2022] EWCOP 22, an attorney was successfully removed after using the donor’s assets for personal benefit, contrary to the donor’s best interests. The Court found this a breach justifying immediate removal.
  • In Re SM [2018] EWCOP 25, the appointed deputy was removed after failing to keep proper accounts and not meeting care obligations. The deputy’s sustained failures, even without dishonesty, meant they could not continue.

Clodes Solicitors regularly act for families and concerned individuals seeking to challenge, remove, or replace attorneys or deputies, ensuring the interests of vulnerable people are prioritised.

Understanding Deputyship – When a Loved One Lacks Capacity and No LPA is in Place

When a person loses capacity without having made an LPA, a loved one or professional must apply to the Court of Protection for a deputyship order. The Deputy becomes legally responsible for managing the individual’s financial, property and (less commonly) health and welfare matters, under the court’s continuing supervision.

Applying for Deputyship:

  • The process involves significant paperwork, including a medical capacity assessment, an application to the Court of Protection, and strict notification and disclosure requirements.
  • Applicants may need to arrange a “security bond” and will pay higher court and ongoing supervision fees than under an LPA.
  • The Court scrutinises applications, frequently resulting in lengthy delays (several months or more) and detailed review of the proposed deputy’s fitness and plans.

Compared to an LPA, this is more costly, administratively demanding, and removes the choice as to who acts as deputy from the individual concerned.

When is Deputyship necessary?
Deputyship is only pursued when there is no LPA in existence and the individual has already lost the necessary capacity to appoint attorneys.

How Clodes Solicitors Can Help with Deputyship

Clodes Solicitors assists with end-to-end deputyship applications—including preparation of all required forms, liaising with the OPG and Court of Protection, and providing skilled representation if a hearing is required. We also provide advice regarding the appropriateness of panel deputies and ongoing support for compliance and reporting.

Frequently Asked Questions: LPA, Deputyship & Safeguards

  1. How are attorneys and deputies supervised?
    The Office of the Public Guardian monitors attorneys and deputies, particularly professionals or those managing large assets. Deputies must report annually.
  2. Can an attorney or deputy be paid?
    Lay attorneys may reclaim expenses but not be remunerated for time, unless stated in the LPA. Professional attorneys/deputies are remunerated as agreed or set by court order.
  3. What happens if I have no one suitable to appoint as attorney?
    A professional such as a solicitor, insured and regulated, can be appointed to ensure your interests are protected.
  4. What if an attorney or deputy is abusing their power?
    Concerns about attorneys or deputies should be reported to the Office of the Public Guardian (OPG), which is responsible for the supervision and investigation of attorneys and deputies in England and Wales. You can contact them at:
    Office of the Public Guardian
    PO Box 16185
    Birmingham
    B2 2WH
    Telephone: 0300 456 0300
    Website: www.gov.uk/opg
    Alternatively, you may instruct Clodes Solicitors to assist with investigations or to apply for the removal of an attorney or deputy through the Court of Protection. We strongly advise that you raise complaints with the OPG or pursue actions through a solicitor to ensure your matter starts off on a strong legal footing.
  5. Who can challenge or oppose an attorney or deputy?
    Any interested party, including family members, friends, or concerned professionals, can raise formal objections or complaints.
  6. Can attorneys or deputies make gifts or change wills?
    Significant gifts or changes to wills require Court of Protection approval. Misuse of these powers can also form grounds for challenge.

Conclusion: Forward Planning Delivers Security and Peace of Mind

Protecting Your Interests across Cardiff and Beyond in Pontprennau, Pentwyn, Lisvane, Cyncoed, Llandaff, Pontcanna, Penylan, Old St Mellons, Roath, Chancery Lane, Kensington & Knightsbridge and more.

A Lasting Power of Attorney empowers you to choose who manages your affairs, control their authority, and protect your best interests – ideally with the reassurance of professional standards and indemnity insurance offered by specialist solicitors.

If no LPA is in place, Deputyship is available as a last resort, though it is more costly, time consuming, and strictly supervised. Both systems, when necessary, provide routes to replace individuals who misuse their authority, safeguarding vulnerable people with the support of the courts.

Clodes Solicitors are experts in all aspects of LPAs, Deputyship applications, and the removal or challenge of inappropriate attorneys and deputies. Please contact us for advice tailored to your needs in Pontprennau, Pentwyn, Lisvane, Cyncoed, Llandaff, Pontcanna, Penylan, Old St Mellons, Chancery Lane, Kensington, Knightsbridge, and across England and Wales.