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Where a person has not made any provision by way of an Enduring Power of Attorney or a Lasting Power of Attorney and has become mentally incapable of handling their own affairs, what then?

The Court of Protection can be applied to for the appointment of a Deputy (similar to the old arrangements for the appointment of a Receiver) to manage their assets, The deputy can be a family member or an independent person. Once appointed, the Deputy must act and handle the affairs of the patient in accordance with the Code of Practice which include accounting to OPG and applying to the Court for authority for certain decisions.

• Attorneys under Enduring Powers and Lasting Powers with their handling of the donors affairs and in connection with the appropriate applications to the OPG and Court of Protection;
• families in connection with the protection and best interests of a person who no longer has mental capacity to act for themselves but who has not put in any of the protective powers.

Contact Tania Austin.