If you are instructing us on behalf of someone who has already lost their mental capacity, we can still help.
We have many years’ experience helping our clients apply to the Court of Protection to be appointed as a deputy to look after the financial affairs of their loved ones (‘Finance Deputy’).
There are significant distinctions between the powers that the Court of Protection gives to Finance Deputies compared to the powers that a donor can give to an attorney pursuant to a Finance Lasting Power of Attorney.
The principal difference is in the potential scope of the power. The Court of Protection usually gives more restricted powers to Finance Deputies than people with mental capacity can give to their chosen Finance Attorneys. The Court of Protection also has a much more active role in supervising and scrutinising the actions of Finance Deputies than is usually the case with attorneys appointed pursuant to a Finance Lasting Power of Attorney.
Many of our clients prefer to appoint attorneys themselves while they are in a position to chose whom to appoint and to decide on the extent of the powers they wish to give and how they wish to restrict or limit those powers. However, it is only ever appropriate to appoint as an attorney someone whom you trust implicitly and who will always act in your best interests.
Some of our clients, having considered their options, prefer to rely on someone applying on their behalf to the Court of Protection for a deputyship order, should they lose their mental capacity, because of the enhanced scrutiny and accountability exercised by the Court.
We will always talk to our clients about these two very different options when they consult us in connection with setting up Lasting Power of Attorney. We can help you decide between the two different options for yourself and we can help you make an application to be appointed as a deputy on behalf of someone who has lost their mental capacity.