Managing someones affairs
If you are a carer or look after someone, then you may have to manage their personal and financial affairs at some point..
The Mental Capacity Act is a piece of legislation that exists to protect people who are 16 years old and over and who, for various reasons, are unable to make decisions for themselves, perhaps because they have:
- learning disabilities;
- mental ill health;
- an illness such as dementia or Alzheimer’s disease.
The Mental Capacity Act allows people unable to manage their finances to nominate someone to look after their affairs for them and to make financial and lifestyle decisions for them. To put this in place, a binding legal document needs to be drawn up, which is known as a Lasting Power of Attorney (LPA).
How does Lasting Power of Attorney work?
Lasting Power of Attorney is available in two forms – Property & Affairs, and Personal Welfare:
- A Property & Affairs LPA allows you to look after someone’s property or financial affairs on their behalf if they are no longer able to do so. This enables you to make decisions on someone else's behalf when they are no longer able to do so. A Property & Affairs LPA covers everyday issues,from paying bills and running a bank account to selling a house or property.
- A Personal Welfare LPA allows you to make choices about someone’s health and welfare. A Personal Welfare LPA covers issues such as consenting on someone’s behalf for a medical procedure to take place or deciding on their home or living arrangements.this enables you to make decisions on someone else's behalf about their property and affairs when they are no longer able to do so.This can include paying bills, managing a bank account or selling property.
An attorney can be appointed by anyone over the age of 18, provided they have the capacity to do so. More than one attorney can be appointed.
An LPA has to be registered with the Office of the Public Guardian (OPG) before it comes into effect or can be used. The OPG can give you information on setting up and preparing an LPA. There is a cost for registering an LPA with the OPG.
Before setting up an LPA you should seek legal advice. You can also call the OPG for information and advice on 0300 456 0300.
Finding a solicitor
The Law Society has a searchable database that can help you find a local solicitor.
More information on the Mental Capacity Act and Lasting Power of Attorney can be found on the DirectGov website.
Links to websites will open in a new window.
Alzheimer's Society Stockport
Address: 292B London Road, Hazel Grove, Stockport SK6 4RD
Phone: 0161 483 4446
Fax: 0161 483 4446
Signpost Stockport for Carers
Address: The Heaton Centre, Thornfield Road, Heaton Moor. Stockport SK4 3LD
Phone: 0161 442 0442
Fax: 0161 947 4699
Stockport Dementia Care Training
Address: The Meadows, Owens Farm Drive, Offerton, Stockport SK2 5EQ
Phone: 0161 716 4531
Please note: Prior to October2007 Enduring Power of Attorney (EPA) was in place. Existing EPAs are still lawful provided:
- It was signed prior to October 2007 and
- It was signed when the person could still make reasoned decisions for themselves.
The EPA does not have to have been registered with the OPG. But if the person begins to lose the ability to make decisions for themselves, the EPA must then be registered with the OPG. A deputy might be appointed if no EPA or LPA exists. For more information visit the GOV.UK website.