If you do not have a Lasting Power of Attorney and then lose the mental capacity to deal with your own affairs, either by way of accident or other illness, your spouse or partner will not be able to access your assets or manage your financial affairs and welfare needs.
Your family may need to involve the Court of Protection – the department of the Court that is responsible for making decisions relating to the management of finances and other affairs of those individuals who lack the mental capacity to do so themselves.
The Court of Protection will appoint someone known as a Deputy, to manage that person’s affairs. A Deputy can be a family member, a friend or a professional. Our experienced Partners at Spire Solicitors LLP act as Deputies for a number of clients.
The Court of Protection will always act within the best interests of the individual and once the application is made, the Court will consider the medical evidence and the appropriateness of the proposed Deputy. If they are happy, they will make an Order appointing the Deputy who will be required to act in accordance with the provisions of the Mental Capacity Act 2005.
Ideally, we encourage people to get their affairs in order before they become incapacitated but, where this has not been possible, we can help resolve the issues that people face once they are unable to manage on their own.
Specialist legal advice is crucial in protecting one’s rights and especially where one does not have the mental capacity to look after their affairs or make decisions themselves. Our experienced team are well placed to protect vulnerable members of society, giving you peace of mind that the financial and legal interests of your loved ones are protected. We understand that this can be a rather sensitive and stressful time, and such we approach these matters with the attention that they deserve. We are also able to meet clients in the comfort of their homes or within a care facility.
Our private client team are always happy to assist with applications to the Court for Deputyship Orders and will aim to make the process as easy as possible.
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