Wills, trusts and tax
Powers of attorney and the Court of Protection
Lasting power of attorney
It is becoming common practice for people to make a lasting power of attorney authorising one or more people to manage their affairs in the event of their losing mental capacity. Such a power of attorney would provide a sensible way of managing your affairs should an accident or an illness affect your mental capacity. The law provides two types of lasting power of attorney and you can have one or both. One type of lasting power of attorney deals with your financial matters and another type deals with your general welfare.
It is important to get the right advice and to structure your power of attorney in a way that will avoid potential misuse.
What happens if I don’t make a lasting power of attorney?
Without a lasting power of attorney, the Court of Protection will closely oversee the affairs of a person who loses capacity.
The Court of Protection
The Court of Protection is a specialist court for all issues relating to people who lack legal capacity to make decisions on specific issues. The Court makes decisions for these people and also appoints others (deputies) to make decisions in the best interests of those lacking capacity.
The Public Guardianship Office
The Public Guardianship Office is the administrative arm of the Court of Protection. It is responsible for providing services for people with mental incapacity.
If you would like advice or further information about lasting powers of attorney or dealing with a person’s affairs through the Court of Protection, you can email us or ring us on 020 7242 2556.
John Cornwell
Martin Beard
Jeremy Abraham
Click here for useful links.
