This can put children in the difficult position of having to both cope with their parent’s condition and the prospect of having to take control of their financial and other affairs. This process can be simplified if individuals plan for their futures. You can decide who you would like to act on your behalf if the need ever arose.
The simplest method is to prepare a Power of Attorney appointing someone else to act on your behalf in these circumstances. There are several types of Power of Attorney but only a Lasting Power of Attorney is still effective after the donor (the person creating the document) has lost mental capacity.
There are two forms of Lasting Powers of Attorney dealing respectively with Property and Financial Affairs and Health & Welfare. These are extremely flexible documents and can be altered to suit specific circumstances. Both must be registered with the Office of the Public Guardian before they can be used.
If a person has taken no steps in advance then a child or relative can be faced with making an application to the Court of Protection who will then appoint a Deputy with a range of powers to act on behalf of a person.
We have the specialist knowledge of advising clients on the most appropriate form of Power of Attorney and of working with the Office of the Public Guardian and the Court of Protection.
Frances Davy
