If someone has lost the mental capacity to manage their own affairs it is often down to their family to make suitable financial arrangements. If the person had the foresight to previously make a Power of Attorney, then an appointed person will have authority to manage their financial affairs.
However, it is often the case that no Power of Attorney is in place and the family is left with no legal authority to deal with the relevant institutions, such as utility companies, building societies, banks and pension providers.
In most cases, an application needs to be made to the Court of Protection under the Mental Capacity Act 2005 for an order appointing someone as a Property and Affairs Deputy.
Sometimes, a Health and Welfare Deputy is also appointed if there is an ongoing disagreement about where a person should live or their medical treatment.
A deputy’s responsibilities are quite onerous and it is important to take professional advice about the process from a court of protection solicitor who specialises in this kind of work. Any legal costs are usually paid from the funds of the person lacking capacity.
Lanyon Bowdler is one of the few legal practices in the area to have its own specialist Court of Protection department, with a wealth of experience and knowledge.
Give us a call or complete our online enquiry form, to see how we can help. We have offices in Telford, Shrewsbury, Oswestry, Ludlow, Bromyard, Hereford and Conwy, so are able to act for clients all over Shropshire, Herefordshire, Mid and North Wales and across the Midlands.
For a friendly chat about how we can help, please contact Neil Davies, Head of Court of Protection.