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Acting as a Deputy or Attorney?

If you are acting as an Attorney, you will be someone appointed under either an Ordinary Power of Attorney, a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA) who has the legal right to make decisions within the scope of their authority on behalf of the person (the Donor) who made the Power of Attorney.

Lasting Powers of Attorney are a new power introduced by the Mental Capacity Act 2005 and replace Enduring Powers of Attorney (EPAs). Although no new EPAs could be set up after 1st October 2007, pre-existing EPAs may continue to be valid.

A Deputy is someone appointed by the Court of Protection under the Mental Capacity Act 2005 to make decisions on behalf of a person who lacks capacity to make particular decisions on their own behalf.

They are supervised by the Office of the Public Guardian and act under a Deputyship order which is a document given to them by the Court setting out their powers as a Deputy.

Further information on this area is available in the equityCare Legal Services section.