Power of Attorney and Court of Protection 

There are several reasons why you might need someone to manage your affairs on your behalf. People sometimes do this if they live with a disability or an illness or are no longer able to operate their accounts, for example, if they are hospitalised.

The following frequently asked questions may help to explain the terms and processes.

What is a power of attorney?

A power of attorney is a legal document that allows another person, called an attorney, to act on your behalf and to make decisions for you. 

Someone can choose an attorney to make and carry out certain decisions:

• Temporarily – e.g. while they are on holiday and need somebody to represent them or;

• In the future – e.g. if you have been diagnosed with dementia and may lose mental capacity to make your own decisions in the future.  

A person must have mental capacity when they choose an attorney for short-term or long-term help with decisions.

What is Court of Protection? 

Court of Protection is a court that deals with decisions or actions taken under the Mental Capacity Act. They make decisions on financial or welfare matters for people who cannot make decisions at the time they need to be made. 

A Court of Protection order is a legal document from the Court of Protection that appoints a deputy to make decision on somebody’s behalf.  The Court will decide who to give the responsibility to and what they can do. 

What is the difference between power of attorney and Court of Protection?

A lasting power of attorney is made by the person before mental capacity is lost and they appoint whom they want to act on their behalf and the responsibilities the attorneys have.  A Court of Protection order is issued after the person loses their mental capacity, if there is not a lasting power of attorney in place. 

What is mental capacity?

Mental capacity is the ability to make or communicate specific decisions at the time they need to be made. To have mental capacity you must understand the decision you need to make, why you need to make it, and the likely outcome of your decision.

For a comprehensive guide to both power of attorney, Court of Protection, and how to set up and register with us, please download our Power of Attorney and Court of Protection FAQs.

If you have further questions, please do not hesitate to contact us by calling 01635 555700.