What happens if someone can no longer look after their affairs but does not have a Power of Attorney?
The Court of Protection has jurisdiction over decisions made on behalf of people who may lack mental capacity, both in respect of finances and property and personal welfare issues. This area of work is subject to provisions of the Mental Capacity Act 2005.
There may be the need for you, or someone else, to apply to the Court of Protection to make decisions for a person lacking mental capacity over decisions such as:-
The appointment of and/or suitability of someone applying to the court to be appointed as Deputy to:-
- Managing property and affairs on behalf of another
- Making personal welfare decisions
- Making Statutory Will and gifts, including for purposes of Inheritance Tax Planning
- Whether Deprivation of Liberty Safeguard authorisation has been granted lawfully
At mfg we have a specialist team, with a wealth of experience, to give help and advice on all aspects of Court of Protection work, whether on making of applications, supporting lay persons in such applications and/ or in offering a professional deputy service and give support to parties in connection with Court of Protection disputes.