Powers of Attorney and Mental Incapacity
Powers of Attorney and Mental Incapacity – old “Enduring Powers” and the new “Lasting Powers”
If you become incapable of managing your finances, your family and loved ones may not be able to access your money in order to assist you. By making a Power of Attorney, you can:
- appoint people of your choice to make decisions for you in relation to your finances and/or your welfare
- appoint multiple attorneys and substitute attorneys
- appoint your attorneys in such a way that they must make decisions together, or allow them to make decisions independently of one another
- place restrictions on the attorney(s) if you are worried about giving too much power away
- give guidance to the attorneys which you would like them to take into account when they make decisions for you
If you already have an Enduring Power of Attorney, that will still have legal effect. However it must be registered with the Court of Protection if you become incapable of managing your affairs or incapable of understanding what your attorneys are doing for you. If you are an attorney and need assistance with this complicated matter, we can guide you through the application process.
If you do not have an Enduring Power of Attorney but wish to appoint attorneys, you can make a new Lasting Power of Attorney. We can advise you on how to complete forms and can ensure that your wishes are expressed.
Deputyship (previously called Receivership)
If you know someone who is incapable of making decisions on their own behalf and they have not signed a Power of Attorney, you, or someone close to them, may apply to the Court of Protection to be appointed as their Deputy.
The Deputy would be able to handle the finances for the person who is unable to manage and will be supervised by the Court of Protection.
We can advise you on all aspects of dealing with the Court of Protection and offer guidance and support on how to administer the affairs of someone who is unable to manage for themselves.