Coping with and Planning for Mental Incapacity

None of us know what is in store in the future and so as part of the planning process we recommend that you consider making a Power of Attorney. This will ensure that a trusted friend or adviser can manage your financial, health and welfare matters if you become affected by mental health problems through accident or illness.

To assist you, you may need to understand what the following terms mean:

Power of Attorney

• Enduring Power Attorney (EPA) – A document completed pre 1 October 2007 in which individuals are appointed to manage financial affairs only. These documents are still valid after this date and can be used without registration. EPA’s can no longer be taken out as they have been replaced by LPAs.
• Lasting Power Attorney (LPA) – Finance – A more complex version of the above required after 30 September 2007 which requires registration to validate.
  
• Lasting Power Attorney (LPA)  – Welfare – An LPA which can expand authority of an attorney to questions of healthcare, welfare and residence.
  
• Court of Protection (COP) – The arm of the court system in place to oversee the administration of the affairs of the most vulnerable population of the UK.
  
• Office of the Public Guardian (OPG) – The administrative arm of the COP formerly the Public Guardianship Office (PGO).
  
• Receiverships and Deputyships – The appointment of an individual by the COP to administer the affairs of an incapacitated person who has not made a Power of Attorney.
  
• Certificate Provider – An independent person required to certify that an individual has the mental capacity to make an LPA
  
• Statutory Will – A Will created on behalf of an individual subject to a Deputyship and executed by order of the C.O.P.

Nadiya Virani-Bland Tel:  (01788) 559 503 nadiyavirani-bland@brethertons.co.uk