Carers and lasting Powers of Attorney Manchester & North West

If you’re a carer or assist someone in Manchester or the North West who cannot manage their own affairs, you may need to handle their personal and financial matters on their behalf.

Understanding the Mental Capacity Act 2005

Decision-making is part of daily life, and the ability to do this is known as mental capacity. The Mental Capacity Act 2005 exists to protect individuals aged 16 and over who are unable to make decisions for themselves, whether due to:

• Learning disabilities
• Mental health issues
• Illnesses such as dementia or Alzheimer’s disease

The Act allows people who cannot manage their own finances to appoint someone to:

• Oversee their personal and financial matters
• Make important financial and lifestyle decisions on their behalf

For more information, please refer to our pages on the Mental Capacity Act 2005.

Setting up this arrangement requires a legal document called a Lasting Power of Attorney (LPA).

Lasting Power of Attorney

To create an LPA, you must be at least 18 years old and have the mental capacity to make this decision.

An LPA must be registered with the Office of the Public Guardian (OPG) before it can take effect. The OPG provides information on setting up and registering an LPA, and there is a fee for registration. Before proceeding, it is recommended to seek legal advice. You can also reach the OPG for information and support at 0300 456 0300.

There are two types of LPA:

1. Property and Financial Affairs
   This allows the appointed person to manage someone else’s property and finances if they lose the ability to do so, including:
   • Selling property
   • Paying bills
   • Managing bank accounts
   • Collecting benefits or pensions
2. Health and Welfare
   This permits the appointed person to make health and welfare choices if the individual can no longer decide for themselves. Decisions may include:
   • Medical treatment
   • Living arrangements
   • Daily routines
   • Life-sustaining treatment

For assistance contact us on 0800 368 9770 

Note: Before October 2007, Enduring Power of Attorney (EPA) was used. Existing EPAs remain valid if they were signed:

• Before October 2007, and
• When the person was still able to make decisions independently.

EPAs do not need to be registered with the OPG unless the person starts losing decision-making capacity, at which point registration is required. If no EPA or LPA exists, a deputy may need to be appointed. For more details 

Contact us now on 0800 368 9770 to start your application. We’re waiting for your call.