Mental Capacity
POWERS OF ATTORNEY AND COURT OF PROTECTION
Background
Sadly as a result of illness, accident or just plain old age, it may be that a relative of yours is no longerable to make decisions for themselves, or is starting to lose that ability. These could be decisions relating to their financial affairs or about their welfare.
If possible, it is advisable to anticipate such a loss of capacity and make provision for it. A trusted friend or family member can be nominated to make decisions on their behalf. This can be done through the preparation of a Power of Attorney. This is normally registered with, and regulated by, the Court of Protection. As its name implies this court exists to protect the rights and interests of those who are no
longer able to make decisions for themselves.
Glazer Delmar can offer a wide range of help and advice in all matters concerning Powers of Attorney and the Court of Protection. We outline some of the issues below, and give some idea of how we can be of assistance.
Lasting Powers of Attorney
This is the new type of Power of Attorney introduced in October 2007. It is possible to make 2 different and separate lasting Powers of Attorney – one relating to property and affairs and the other relating to personal welfare.
We are able to prepare both types of Lasting Power of Attorney in accordance with your own personal wishes.
For a Lasting Power of Attorney to be used, it needs to be registered with the Court of Protection. We are also able to assist you with that application.
Enduring Power of Attorney
Although it is no longer possible to make an Enduring Power of Attorney, many people do still have these documents and they remain valid. An Enduring Power of Attorney is limited to financial affairs. If a person who has granted an Enduring Power of Attorney starts to lose capacity it is necessary to register the Power of Attorney with the Court of Protection. Again, we can assist you with the application for registration.
General Power of Attorney
It is possible for someone with full capacity to make a General Power of Attorney appointing a third party to deal with their financial affairs. This is done on a temporary basis, usually because a person will be out of the country or in hospital. A General Power of Attorney will not be valid if the donor starts to lose capacity.
Court appointed deputy
If someone has already lost mental capacity, without having made a Power of Attorney then it will be necessary for the Court to appoint a “Deputy” to deal with that person’s affairs. The Deputy will work with the Court of Protection in this regard. If there is no suitable relative or close friend who is able to take on this responsibility, it is possible for our senior partner, Michael Glazer, to be appointed in this capacity.