Support for Attorneys and Deputies

Friends, family and solicitors can be appointed as attorneys under Lasting Power of Attorney arrangements. This is a big responsibility and the role can incur difficult legal, ethical and moral dilemmas. For example, there may come a time when an attorney has to make difficult decisions in regard to care and support, such as whether the person they are acting as an attorney for, stays in their own home or moves elsewhere. Other difficult decisions might be making a decision about whether the person they are acting for, accepts or declines medical treatment.

Knowing the person well enough and being clear of their wishes is fundamental.

If you are a friend, family member or solicitor who has been appointed as an attorney under LPA, whether this be for finance and property and/ or health and welfare an important question to ask yourself is:

'Do I really know this person well enough to make such decisions if they arise in the future?'

'How can I ensure I really am acting in their best interests?'

Similar dilemmas also apply to court appointed deputies. However it is uncommon for the Court of Protection to appoint deputies for health and welfare. Nonetheless, the Court of Protection does appoint deputies for health and welfare as a 'last report' and it does appoint deputies for property and finance. Being a deputy can bring its own dilemmas and difficulties regarding decision-making.

The Support for Attorneys and Deputies Service helps attorney's and deputies navigate this difficult terrain and in line with good practice so they fulfil their role as attorneys and deputies to the highest quality standards.

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Support for Attorney Service

This service includes concise resources and self-assessment tools to support you in your role as an attorney for both property and finance and Health and Welfare.

Facilitated discussion(s) with the donor (the person) and the donee (attorney) to ensure:

An accurate understanding of the person.
That there is a current baseline assessment of the person's needs and wishes.
Thinking about and anticipating future decisions and planning.
Accurate recording of wishes with staged review points.

The service is flexibly delivered and is tailored to the respective person, taking account of the relationships between donor and donee(s) and the circumstances.

Support for Deputies Service

This service includes concise resources and self-assessment tools to support you in your role as a deputy for both property and finance and also Health and Welfare.

Facilitated discussion(s) with the person who lacks capacity and the deputy to ensure:

An accurate understanding of the person.
That there is a current baseline assessment of the person's needs and wishes.
Thinking about and anticipating future decisions and planning.
Accurate recording of wishes with staged review points.

The service is flexibly delivered and is tailored to the respective person, taking account of the relationships between the person and the deputy(s) and the circumstances.

Mom teaching young man with down syndrome, using laptop. Telehealth consultation with doct

Why is this support service so important to..?

Donees or deputies:

Might not really know the person they may be making decisions with and on behalf of. The Court expects you to get to get to know them appropriately.

Can lack confidence in getting a true picture of someone's best interests.

Can lack confidence, knowledge and skill to support positive risk taking and 'back' the less restrictive options for the person.

Will benefit from expert and skilled conversations required to establish a persons wishes and best interests.

Can reduce expense for the person especially when solicitors are donees/ deputies. The courts are clear that solicitors must endeavour to keep costs reasonable for their clients.

Will benefit from an Independent social worker as Caring Support can do a lot of the expert ground work at a lower fee rate for your client.

Will be able to demonstrate evidential accountability for Court returns/ records.

Can avert problems, if skilled discussions are had sooner than later, particularly in relation to health and welfare decisions. It is difficult to make quality decisions in crisis.

Are supported to make lawful and good practice decisions. Relevant case law is very clear about what good decisions look like.

Are reassured to know that high-stake decision-making process is supported by an independent party.

Why is this support service so important to..?

The donor or person:

Is able to plan for reduced mental capacity, ahead of time.

Will be confident that their mental capacity is assumed every-step of the way.

Will be satisfied that all support is given to them to understand the decisions in question - whether complex or more simple decisions.

Will be able to live their lives as they see fit.

That their decisions, if they lack capacity in regard to the decision in question, will be made in their best interests and in the least restrictive way possible.

Support for Attorneys and Deputies

Support for Attorney Service

Support for Deputies Service

Why is this support service so important to..?

Donees or deputies:​​

​

Might not really know the person they may be making decisions with and on behalf of. The Court expects you to get to get to know them appropriately.

​

Can lack confidence in getting a true picture of someone's best interests.

​

Can lack confidence, knowledge and skill to support positive risk taking and 'back' the less restrictive options for the person.

​

Will benefit from expert and skilled conversations required to establish a persons wishes and best interests.

​​​​

Can reduce expense for the person especially when solicitors are donees/ deputies. The courts are clear that solicitors must endeavour to keep costs reasonable for their clients. ​

​

Will benefit from an Independent social worker as Caring Support can do a lot of the expert ground work at a lower fee rate for your client.

​

Will be able to demonstrate ​evidential accountability for Court returns/ records.

​

Can avert problems, if skilled discussions are had sooner than later, particularly in relation to health and welfare decisions. It is difficult to make quality decisions in crisis.

​

Are supported to make lawful and good practice decisions. Relevant case law is very clear about what good decisions look like.

​

Are reassured to know that high-stake decision-making process is supported by an independent party.

​

​

Why is this support service so important to..?

​

​

The donor or person:

​

Is able to plan for reduced mental capacity, ahead of time.​

​

Will be confident that their mental capacity is assumed every-step of the way.

​

Will be satisfied that all support is given to them to understand the decisions in question - whether complex or more simple decisions.

​

Will be able to live their lives as they see fit.

​

That their decisions, if they lack capacity in regard to the decision in question, will be made in their best interests and in the least restrictive way possible.

Donees or deputies:

Can reduce expense for the person especially when solicitors are donees/ deputies. The courts are clear that solicitors must endeavour to keep costs reasonable for their clients.

Will be able to demonstrate evidential accountability for Court returns/ records.

Is able to plan for reduced mental capacity, ahead of time.