The following Private Client guidance note provides comprehensive and up to date legal information covering:
A person who makes a lasting power of attorney (LPA) is commonly referred to as the 'donor', whereas a person on whose behalf the Court of Protection appoints a deputy is commonly referred to as the 'protected person' or P. In this Practice Note, reference will be made to the 'vulnerable person' unless the context is clear about which is being referred to.
The major differences between attorneys and deputies arise in the potential scope of their powers, whether in respect of health and welfare or property and financial affairs matters. For a comparison between the powers of a Financial LPA and deputy in relation to property and financial affairs decisions, see Practice Note: Financial LPAs and deputyships—comparison of attorney and deputy powers. As the powers of a deputy tend to be more restricted, these differences may influence an individual when deciding whether or not to make an LPA when they are still in a position to do so.
Note also that wherever there is a conflict between the decision of a deputy and that of an LPA attorney, the attorney's decision will take precedence.
The potential powers of attorneys and deputies are subject to restrictions and limitations. The potential powers of an attorney are subject to any contrary intention expressed by the donor in the LPA itself. Similarly, the standard powers of
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