We can all break down or lose our health, sometimes this could mean losing our physical or mental capacity to act and make decisions for ourselves.  Like paying any bills or making any decisions about our finances or medical needs.  But who takes over for us if we do?

 

So many people think that a spouse, a child, a parent, brother or sister could just step in!  That is not the case!  Because if you do lose capacity, you become a 'Vulnerable Adult' and under the Mental Capacity Act of 2005 the law regarding who can have the permission to act is very clear.

 

Without the correct Powers of Attorney in place for either Finances or Health or both, then the answer is quite simple!

 

“THE COURT OF PROTECTION”

 

Failure to have these documents in place invokes the jurisdiction and procedures required by “The Court of Protection” and they will appoint whomever they see fit to act for you!

 

A Deputyship Order would be required and the "Deputy" would be subjected to the court application process and its ongoing rulings.  This process can cost thousands of pounds to instigate and can have such enormous consequences for you and your family. 

 

Wouldn’t it be better and certainly cheaper to appoint the people that you trust, whom you want to make such decisions if and when you cannot do these things or make these decisions for yourself.

 

In our opinion, everyone over 18 would definitely be better protected, having made and registered a Lasting Power of Attorney (LPA).

 

For more information as to how this could affect you contact Steve today!