It is not the case that if you were to develop conditions such as dementia or had a sudden life changing accident leaving you incapable of making decisions about your own financial affairs and welfare arrangements, your family could automatically assume the ability to make those decisions on your behalf.
Such decisions may only be taken by a person’s Attorney appointed under an Enduring or Lasting Power of Attorney, or if no such Power of Attorney exists, a Deputy appointed by the Court of Protection.
None of us can foresee when such a life changing illness or event may occur, so it is almost always advisable to have a Lasting Power of Attorney in place so that you can be sure that the person or people of your choice are appointed to take decisions on your behalf and that there will be no delay in that person’s ability to take those decisions at the relevant time. We can assist in the drafting, execution and registration of Lasting Powers of Attorney and have many years’ experience in this area.
If you are faced with trying to make decisions on behalf of a loved one who is not able to make those decisions but there is no Lasting Power of Attorney in place, you will need to make an application to Court to be appointed as that person’s Deputy. However, this can be a long and costly process and you will continue to be supervised by the Court once you are appointed. If you are faced with this scenario, we can assist in preparing the Application to Court and advise as to your ongoing responsibilities during your period of Deputyship.
Getting in touch
If you would like to discuss either making a Lasting Power of Attorney or being appointed as someone else’s Deputy, one of our team will be delighted to meet you either in our office or in your own home to talk through your requirements.
Please contact us at any time on 0151 236 1744 or email us.