You mustn’t wait for old age to nominate a loved one to look after your affairs

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Typically, there may be a diagnosis of dementia and resulting mental incapacity. Accounts can be frozen, resulting in delays to the payment of the bills.

You should organise a Power of Attorney before this stage, especially if dementia has been progressing.

Without Power of Attorney, you need to apply to the Court of Protection for an Order. It is not the same process as appointing an Attorney. It is long, complex and expensive.

Very strict rules are attached to a Court of Protection Order, which involves someone applying to take charge of your finances without your permission.

Family members can end up losing control over their loved one’s life.

Ultimately, the Office of the Public Guardian is responsible for their affairs.

You are obliged to carry out these duties and report back regularly.

The forms are complicated and involve detailing one’s own situation, and there may be a visit by a representative of the Office of the Public Guardian.

You may not be able to find all the information required, and a settling-in call may be necessary.

There is an application fee, an assessment fee and supervision fees which are charged by the Office of the Public Guardian.

There must be insurance called a surety bond, which also incurs a fee.

Annual reports are required for all financial transactions and an annual fee is payable.

We therefore strongly recommend that you arrange a Power of Attorney to avoid the above, and put your affairs in order before you become incapable.

How we can help

Our Court of Protection & Powers of Attorney guide explains how our experts can help and we are only a telephone call away should you need further information or advice. 0161 330 6821.

Or email our Court of Protection & Powers of Attorney department direct:

David Hilton         

John Longworth

Shaun O’Carroll

Hannah Thomas

Lynda Williams  

Jane Swann        

Alternatively, you are welcome to attend any of our free legal surgeries. Please click here for dates and times – No appointment necessary.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.