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Deputyship Protect

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Helping those you trust to look after your affairs if you suffered a loss of capacity.

We are now living longer than ever before and as a consequence, the likelihood of us losing capacity at some point whether through dementia, illness or accident is far more prevalent.

It is often assumed that if we were unable to look after our own affairs that those closest to us would simply take over and make decisions about our finances and health care.

Sadly, unless you have Lasting Powers of Attorney in place, the reality is considerably more complicated and the burden placed on loved ones can be physically and emotionally devastating.

To take over your affairs they would need to make an application to the Court of Protection for a Deputyship Order. This is an extremely bureaucratic and expensive process. It is not unusual for it to cost someone making the application in excess of £2,000.

What would happen if you lost capacity?

If we are considered to have lost capacity, Social Services will consider us to be vulnerable and they will have a duty to inform our financial institutions.

Financial Institutions such as your Bank, Building Society and Insurers have a fiduciary responsibility to protect vulnerable clients. They do this by freezing all your assets, preventing any access to funds, making any changes or the ability to renew your insurances.

How Your Finances Would be Affected.

If you are considered to have lost capacity and don’t have an LPA, you and those closest to you would not be able to gain access, take action or make decisions in relation to any of your financial matters including:

Current & savings accounts.
Investments.
Insurances (such as life and buildings & contents).
Payment of bills.
Collecting pension payments.
Making mortgage payments.
Business decisions.

The Court of Protection would appoint a Court Deputy to look after your financial affairs and make decisions on your behalf.

This would typically be someone that you have never met and their responsibility would be only to you and your welfare. They would not be able to take care of those who rely on you or who share your assets.

Furthermore, fees are charged for a Court Deputy, which are often significant.

Medical & Welfare Decisions.

Those closest to you do not even have the right to make decisions about your medical treatment and welfare, including whether or not you need long term residential care and where that should be.

LawCard Deputyship Protect benefits.

1.
Without doubt, the best way to reduce the devastating effects a loss of capacity would have on you and those closest to you or who rely on you, would be to create Lasting Powers of Attorney (LPAs). However, a recent study showed that less than 3% of the population have these valuable documents in place.

LawCard Members will receive a 15% discount when instructing a Member of the Legal Services Guild to produce their Lasting Powers of Attorney.

2.
If you suffer a loss of capacity without a Lasting Power of Attorney in place, the process for those you trust to obtain a Deputyship Order will probably be arduous and lengthy. However, we will provide them with the legal support and expertise required to make the application and we will make the required application fees available to them so that they do not need to use their own money. Any fees paid to make the application can be repaid from your funds once the Deputyship Order has been obtained.

More information on LPAs.

Lasting Powers of Attorney are made whilst you have full capacity and they set out who it is that you want to look after you and your affairs should you suffer a loss of capacity.

There are two types of Lasting Power of Attorney.

Property & Affairs
Health & Welfare

Having these LPAs in place and registered prior to a loss of capacity, will mean that a person or persons, who you trust to look after you will be able to control your finances and make decisions about your medical treatment and general welfare.

Someone you trust will be able to take over without cost or delay and without the need of a Court Deputy or Deputyship Order.

LawCard Benefits

Home Buyer Protect

If a property purchase falls through it’s not only disappointing, it can be costly if fees have already been incurred. We will pick up the bill for LawCard Members who instruct LSG Conveyancing.

Accident Protect

There to ensure that if you have an accident that is not your fault, you will have the legal expertise and financial wherewithal to achieve the compensation you deserve.

Legacy Protect

Should an individual or organisation challenge your inheritance wishes or lay claim to your assets, we will provide the legal expertise and financial resources to defend you and your loved ones.

Family & Matrimonial Support

Divorce or dissolution of a civil partnership is a traumatic time. We provide access to expert legal professionals who understand what you are going through and will help you to move on.

Bereavement Support

Handling the affairs of someone who has passed on can be a difficult task and most likely at an emotional time. We will help you decide how to proceed and relieve you of some of the administrative burden.

Legal Assist

It is about getting the right person for the job. LawCard provides access to hundreds of legal services professionals and will match your requirements to the best possible expert.