Lasting Powers of Attorney for deaf people: what you need to know

A Lasting Power of Attorney (LPA) lets you choose people you trust, called attorneys, to make decisions for you if you ever cannot make them yourself. For deaf people, an LPA does something extra: it lets you choose people who understand how you communicate, and write down how you want to be communicated with.

The two types of LPA

• Property and financial affairs: managing your bank accounts, paying bills, and dealing with your home and money.
• Health and welfare: decisions about your medical treatment, your care, and where you live, which can only be used if you cannot make those decisions yourself.

You can make one or both. For a general introduction, read what is a Lasting Power of Attorney, and do you really need one?

Being deaf does not mean you lack capacity

Some deaf people worry that being deaf, or not having English as a first language, could be mistaken for a lack of mental capacity. The law is on your side here. The Mental Capacity Act 2005 says a person must not be treated as unable to make a decision unless all practicable steps to help them have been taken, and that information must be explained in a way that suits them, using simple language, visual aids or any other means. For a BSL user, that means sign language.

If your capacity is ever assessed, you are entitled to have things explained in a way you understand, and a qualified BSL interpreter can be part of that.

Choosing your attorneys

As well as choosing people who are trustworthy and organised, think about:

• whether they can communicate with you well, in BSL or however you prefer;
• whether they understand Deaf culture and what matters to you;
• whether they will insist on proper communication support for you, for example at hospital appointments, rather than relying on lip-reading or notes;
• whether they live close enough, or are available enough, to help when needed.

You can appoint more than one attorney, and you can decide whether they must act together or can act separately.

Use your LPA to protect how you communicate

An LPA has space for preferences (things you would like your attorneys to take into account) and instructions (things they must do). Examples deaf clients might include:

• "I would like a qualified BSL interpreter to be booked for my medical appointments and for meetings about my care."
• "If I need to move into a care home, I would prefer one where staff can sign or where BSL support is available."
• "Please communicate with me in BSL and do not rely only on lip-reading or written notes."

The wording matters. An instruction that cannot work in practice can cause problems when the LPA is registered, so it is worth getting help to phrase your wishes clearly.

The certificate provider

Every LPA needs a certificate provider: someone who confirms that you understand the LPA and are not being pressured into making it. They must be either someone who has known you well for at least two years, or someone with relevant professional skills, such as a doctor or solicitor.

If you use BSL, the certificate provider should talk with you through a qualified interpreter, so they can properly confirm that you understand. Ideally, this conversation should happen without your attorneys in the room.

Signing and registering

LPA forms must be signed in a set order, with witnesses, and then registered with the Office of the Public Guardian before they can be used. Your attorneys cannot witness your signature. The registration fee is £92 per LPA, with reductions or exemptions for people on lower incomes. Mistakes on the forms are a common cause of delays, so help from someone who does this regularly can save time.

When should you make one?

You can only make an LPA while you have the capacity to do so, so the best time is while you are well. Many people make their LPAs at the same time as their will.

How we can help

We prepare LPAs for Deaf and hard of hearing clients throughout England and Wales. A registered BSL interpreter joins your video appointment with us for the whole meeting, at no extra cost, and we help you word your preferences and instructions so they work in practice. A single LPA starts from £195, or £395 for both types. Find out more about our estate planning service for Deaf and hard of hearing people, or read our main guide to making a will when you are deaf or hard of hearing.

Related reading

• What is a Lasting Power of Attorney, and do you really need one?
• Do I need an interpreter to make a will, and who pays for it?
• Making a will when you are Deaf or hard of hearing

This article is general information about the law in England and Wales, not legal advice. Fees correct at the time of writing.