None of us can predict the future, but we can take steps today to protect ourselves and our loved ones should illness, injury, or age-related conditions affect our ability to make decisions.
At Fairweather Law, we specialise in helping you put the right legal safeguards in place—whether through a Lasting Power of Attorney (LPA) or, where necessary, a Deputyship Order.
These tools ensure your financial, health, and personal affairs remain in trusted hands, even if you lose mental capacity.
An LPA is a legal document you set up while you still have mental capacity, allowing you to appoint trusted people (your “Attorneys”) to make decisions for you if you become unable to do so in the future. There are two types:
LPAs give you control and peace of mind: you choose who acts for you, what powers they have, and can include instructions or preferences.
Lasting Powers of Attorney (LPAs) are legal documents you create while you still have mental capacity, allowing you to appoint trusted people (“Attorneys”) to manage your affairs if you later become unable to do so.
There are two types of LPA:
1. Property and Financial Affairs – Covers decisions about your money, property, bills, and investments.
2. Health and Welfare – Deals with medical treatment, care arrangements, and end-of-life wishes.
By contrast, a Deputyship Order is a legal arrangement granted by the Court of Protection after someone has lost mental capacity. It applies when no valid LPA exists, meaning a family member or professional must apply to the court to be appointed as a “Deputy” to manage the person’s affairs.
1. Timing & control
2. Scope of authority
Free initial 30-minute phone consultation for both businesses and individual clients. Our legal team will discuss your needs and guide you in the right direction from the very start of our relationship.
With offices throughout Suffolk, extending into Norfolk, and an expanding client base in the London area, we are confident in our ability to provide you with the highest standard legal advice, no matter your location.
We take pride in providing clear, straightforward advice without overwhelming you with unnecessary legal jargon. Our personalised approach and our ability to put you at ease, ensures a positive outcome.
Our clients receive outstanding service, building continuing relationships that ensure they and our business partners return to us repeatedly for their legal needs.
Our legal fees are tailored to the local market, we regularly monitor our rates compared to larger organisations. Being a relatively small firm ensures that our rates remain competitive.
Ongoing costs and complexity: Deputyship applications involve lengthy paperwork, a court fee (currently £408 per application), and ongoing annual supervision fees (typically £325). The process can take 6–12 months, during which time important decisions and payments may be delayed.
Limited scope: The Court is cautious about granting broad powers, especially for health and welfare decisions. Most Deputyships relate only to financial matters.
Responsibilities: Deputies must always act in the person’s best interests, avoid conflicts of interest, and involve the person as much as possible in decisions.
Navigating Deputyship applications can be daunting. Our experienced team, including consultant solicitor Emma Farrar, supports clients through every stage—from preparing complex paperwork to liaising with the Court and the Office of the Public Guardian. Emma brings extensive expertise in mental capacity law, is a Family Carer Advocate, and serves as an official visitor for the Office of the Public Guardian. She regularly assists families with care home fee assessments, ensuring that clients receive informed, practical support tailored to their needs. We also advise on ongoing Deputy responsibilities and compliance, helping to minimise stress and ensure your loved one’s interests are fully protected.
If you need to apply for a Deputyship, or want to avoid the need for one by making an LPA, contact Fairweather Law today for expert guidance.
At Fairweather Law, we provide clear, independent capacity assessments tailored to the specific decision at hand. Our expert team ensures compliance with the Mental Capacity Act 2005, helping individuals, families, and professionals make informed choices with confidence.
We assess capacity for matters such as:
• Appointing Attorneys via LPAs or court Deputyships
• Making or challenging wills
• Medical treatment and care decisions
• Resolving disputes over capacity
Our approach is thorough yet compassionate, using clear communication to ensure the person’s views are fully considered.
Yes. Our solicitors can act as professional Attorneys in your LPA or as court-appointed Deputies if you lose capacity without an LPA. We offer:
• Expertise: A wealth of experience managing complex estates and welfare decisions.
• Neutrality: Impartial administration for contentious family situations.
• Continuity: Long-term support without reliance on family availability.
Contact us to discuss tailored solutions.
Absolutely—as long as you still have mental capacity, you can revoke or amend your LPA at any time.
Contact us today to discuss how we can help you to safeguard your future. Our experienced team will guide you through creating robust, tailored LPAs that reflect your wishes and protect your interests, or advise you through the Court application process for a Deputyship.
With Fairweather Law your first consultation is always free.
Call on 01728 724 737 or fill in the form and we’ll get back to you to arrange a consultation.
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