Pitfalls with bank accounts and savings under a financial lasting power of attorney
As an attorney under a financial lasting power of attorney (LPA), you...
When someone close to you loses mental capacity it is a difficult and worrying time. If they have not appointed anyone with a power of attorney, you may be concerned about how decisions are going to made about their health, welfare and finances. Social services will intervene, but relatives wanting to be involved in the decision-making process may be unsure of how they can take control.
The Court of Protection is a court that has power to act on behalf of anyone who has lost capacity to act for themselves. The court can make decisions about their health, welfare, property and financial assets if an application is made under the Mental Capacity Act 2005. If required, we can advise you how to apply to The Court of Protection to become a deputy.
If you are concerned about the appointment or conduct of an attorney, deputy or decision they have made you should seek legal advice immediately. The Court of Protection has the power to void appointments if necessary and we can advise you how to apply to the court and represent you in the hearing.
To avoid uncertainty and stress for your relatives in the future, speak to us about appointing a power of attorney to handle your affairs in case you suffer from a loss of mental capacity in the future. If you have been given a deteriorating prognosis, we can also help you with a living will to specify your wishes for medical treatment, organ transplant and religious beliefs to be respected.
As part of our elderly client care service we can offer legal advice through home visits, or come to see you in your residential care home, hospital or hospice if required.
Our specialist wills and probate solicitors, based in Stoke-on-Trent, Staffordshire provide services throughout Staffordshire and Cheshire. To find out more, contact us on 01782 577000.
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