Court of Protection
If a person’s mental capacity has deteriorated to the point that they cannot sign a Lasting Power of Attorney, then you may need to make an application to the Court of Protection to get legal permission to look after that person’s finances.
If you do not have a Lasting Powers of Attorney (LPA) and lose capacity, or if you do not have the capacity to make an LPA, an application to appoint a ‘deputy’ would have to be made on your behalf to the Court of Protection.
A family member or close friend can apply to be your deputy but it will be at the courts discretion whether they grant that person as the deputy or not.
If you do not have anybody around you to apply to be a deputy then the court will appoint somebody on your behalf and this is typically somebody that you have never met before.
As well as being very stressful it is also very costly compared to the price of ensuring that you have LPA in place in readiness for if the time comes that you need them – think of them as like an insurance polices, you might never need them but they are there for it you do.
Do you want to run the risk? – if not please be in contact with us and ensure you have your Lasting Powers of Attorney in place. For more information about Lasting Powers of Attorney click here or contact the office to speak to a member of the team.
If you need our advice regarding deputyships or lasting powers of attorney,
we offer a FREE consultation with a member of the estate planning team!</p>