Powers of Attorney & Deputyship

Powers of Attorney are formal documents that are given by a person while they still have capacity, when they want someone else to be able to manage their affairs on their behalf. 

Deputyship is a process by which the court appoints a person to make decisions for an adult who is mentally incapable of making his or her own decisions.

Both powers of attorney and deputyship may involve finance and property decisions and a wide range of health and welfare decisions. They must both act in the best interests of the adult and take the most effective and least restrictive approach when making decisions.

Deputyship is not limited to older adults. The need may arise if somone lacks the mental capacity to make certain decisions due to traumatic brain injury or learning disability. Deputyship Mediation can be carried out prior to a court application, or at any point during the application up to the point that the court makes a decision. Examples of disputes that can be resolved by mediation include those regarding:

• Enduring Powers of Attorney (EPA)
• Lasting Powers of Attorney (LPA)
• Challenges to Registration of EPA/LPA
• Direct Payments
• Concerns regarding behaviour of attorney
• Contact
• Respite
• Holidays
• Finance and Property
• Who Should Act as Deputy
• Health and Welfare
• Care Arrangements
• Accommodation

• Safeguards the individual
• Promotes better family relationships
• Helps families to explore less restrictive alternatives to deputyship
• Avoids the loss of rights that accompanies court-imposed orders
• Includes the adult in the decision-making process helps them to retain as much independence and control over basic life decisions
• It can make sure they get the assistance they need
• Encourages the building of an agreement within the family
• Preserves relationships with family and friends which is critical to the emotional and psychological well-being of the adult and all concerned
• Makes sure that older persons and those with disabilities receive the best and most appropriate care possible
• Reducing demands on family and carers by making maximum use of all appropriate community support services