Court of Protection: Top 10 questions answered.

1. My Mother/Father is struggling with day to day management of their finances and affairs generally, is there anything I can do to help? A – Yes you can be appointed as an attorney under a Lasting Power of Attorney for ‘Property & Financial Affairs’.

2. If someone is suffering from an illness such as dementia and the bank will not speak to me what can I do? A – If they have capacity to appoint someone they can create a Lasting Power of Attorney, if they lack capacity an application to the Court of Protection is required to appoint a Deputy.

3. Who can be appointed in a power of attorney? A – Anyone over the age of 18 who is responsible, never been subject to insolvency and has a good credit record.

4. I have been appointed as attorney under an old Enduring Power of attorney many years ago is it still valid? A – All old power of attorney documents will still be valid but may need to be registered at the Office of the Public Guardian before they can be used.

5. I have been told I need a Court of Protection Order to manage my Mothers finances as there is no power of attorney in place, can I be appointed and how? A – Yes you can be appointed subject to satisfying the qualifying criteria as an appointed Deputy, an application can be made to the Court by a solicitor on your behalf which may take up to 6 months.

6. My (Uncle) has dementia, no immediate family and a substantial estate, can a will be made for him? A – Yes, under certain circumstances an application can be made for a Statutory Will where the Clients lacks capacity.

7. My spouse has been assessed as needing 24hr residential care in a home and I have been told I will have to sell my house to pay for the care, is this true? A – If a spouse is living in a jointly owned property it would not have to be sold, however the local authority would financially assess the Client to evaluate how much they should pay towards their care fees.

8. Someone has told me that because my relative is so ill, they should not pay any accommodation fees as the NHS should pay, is this true? A – Under certain circumstances when a person’s health is so poor they may be eligible for an NHS ‘continuing care claim’, if successful then the NHS would pay for the Clients care fees. These are exceptional circumstances and advice should be sought before making an application.

9. Can I create a family trust to protect the family home from tax or other forced property sales? A – Yes, On occasions it may be appropriate to consider a trust dependent on family circumstances. Each trust is different and advice should be sought about which is right for you.

10. I would like to plan my future medical treatment in the event I become unwell to the point I would be incapable that I would not be resuscitated, can I plan for this event?
A- Yes, A Lasting power of attorney for ‘Health and Welfare’ can be created to plan for future medical decision in the event you become unwell.

For further information on Incapacity and Court of Protection services, Contact a member of our Court of Protection team on: 0161 330 6821 or email:

John Longworth: jlongworth@bromleys.co.uk

Shaun O’Carroll: socarroll@bromleys.co.uk