If you or your loved one do not have a Lasting Power of Attorney and then lose the mental capacity to deal with your own affairs, your spouse or partner will not be able to access or manage your financial affairs and welfare needs.
Your family will need to involve the Court of Protection – the body responsible for making the choices and decisions relating to managing the finances and affairs of those who lack the mental capacity to do so themselves.
The Court of Protection will appoint a Deputy, to manage that persons affairs. A Deputy can be a family member, a friend or even a professional.
The Court of Protection will always act within the best interests of the individual and choose the appropriate Deputy. If they are happy, they will make an Order appointing the Deputy, subject to the requirements of the Mental Capacity Act 2005 and the requirements of the Court of Protection.
Ideally, we encourage people to get their affairs in order before they lose mental capacity but, unfortunately in many circumstances, this has not been possible. Do not worry, we can help resolve the issues that people face once they are unable to manage on their own. Our experienced team are well placed to protect vulnerable members of society, giving you peace of mind that your loved ones financial and legal affairs will be protected. We understand that this can be a sensitive and stressful for you so we treat the situation with sensitivity, meeting you in the comfort of your own home, with relatives or within a care facility. Our private client team are happy to liaise with your relatives, friends or healthcare professionals to make the process as easy as possible.