Mental Capacity

Powers of Attorney

Sadly as a result of illness, accident or just plain old age, it may be that a relative of yours is no longer able to make decisions for themselves, or is starting to lose that ability.  These could be decisions relating to their financial affairs or decisions about their welfare, big or small.

If possible, it is advisable to anticipate such a loss of capacity and make provision for it.  This can be done through the preparation of a power of attorney.

Lasting Powers of Attorney

This is the new type of power of attorney introduced in October 2007.  It is possible to make 2 different and separate lasting powers of attorney – one relating to property and affairs and the other relating to personal welfare.  

We are able to prepare both types of lasting power of attorney in accordance with your own personal wishes. 

For a lasting power of attorney to be used, it needs to be registered with the Court of Protection.  We are also able to assist you with that application.

Enduring Power of Attorney

Although it is no longer possible to make an enduring power of attorney, many people do still have these documents in existence and they remain valid.  An enduring power of attorney is limited to financial affairs.  If a person who has granted an enduring power of attorney starts to lose capacity it is necessary to register the power of attorney with the Court of Protection. Again, we can assist you with the application for registration.

General Power of Attorney

It is possible for someone with full capacity to make a general power of attorney appointing a third party to deal with their financial affairs.  This is done on a temporary basis, usually because a person will be out of the country or in hospital.  A general power of attorney will not be valid if the donor starts to lose capacity.

Court appointed deputy

If someone has already lost mental capacity, without having made a power of attorney then it will be necessary for the Court to appoint a “deputy” to deal with that person’s affairs.  The deputy will work with the Court of Protection in this regard.  If there is no suitable relative or close friend who is able to take on this responsibility, it is possible for Michael Glazer at our office to be appointed in this capacity.