Dealing with the Court of Protection
Most of us take for granted that we have the ability to manage our own affairs. But should something happen, for example if one were to have a severe stroke or suffer from dementia, and that ability was diminished, the Court of Protection has the jurisdiction to make decisions on an affected person’s behalf or appoint a suitable person to do so working in conjunction with the Office of the Public Guardian.
How can we protect ourselves?
Many people, while still having the relevant mental capacity, choose to make provisions for the future in the event they become mentally incapable. This is done through a Lasting Power of Attorney (until 2007, it was known as an Enduring Power of Attorney). By doing so, a person can avoid obstacles, for example having their bank account frozen by the bank to prevent fraud should they become incapable.
Setting up a Lasting Power of Attorney (LPA)
An LPA is a document which allows a person to choose someone that they trust to make decisions on their behalf at a time in the future when they either lack the mental capacity or no longer wish to make those decisions themselves. These decisions include the donor’s property and financial affairs and/or their health and welfare.
Once the LPA is set up, the LPA does not become effective until it is registered with the Court of Protection. The person applying for registration must notify the people the donor would like to be informed. If the people who are notified have any concerns such as they feel the donor was put under pressure to execute an LPA, they are given an opportunity to object to the registration. Everyone who is entitled to notice in an LPA is also entitled to object to the application for registration.
What if no provisions have been made?
If a person does not have sufficient mental capacity to make a LPA, then a member of the family can make an application to the Court of Protection for authority to act on that person’s behalf with regard to their financial affairs. Where there is no family, a professional adviser such as a solicitor or the Local Authority may make this application instead. If successful, the applicant will be appointed as that person’s Deputy.
We can help
There are a number of situations when Wright Hassall can help you if :
you want draw up a Lasting Power of Attorney for yourself
you need to register a Lasting Power of Attorney with the Court of Protection
you are a friend or a relative who has concerns about someone’s power of attorney
you have concerns about someone who has made no powers of attorney and you wish to assist them,
you want to raise concerns with the Office of Public Guardian to investigate an attorney’s or a deputy’s actions
you want us to act for you at hearings set by the Court of Protection.
To talk to someone, with no-obligation, who understands the practical issues mental incapacity brings and is experienced in dealing with them effectively and sensitively, please contact Claire McGinnity or Mitra Mann.
