There may come a time when it is necessary to manage someone’s affairs if they are unable to do so themselves. This may be due to learning disabilities, mental health problems or because of an illness, such as a stroke or dementia. They may just be finding it difficult to cope and would appreciate some help.
Here at Churchers we have specially trained staff who can look after people’s affairs. We can support people to make the right decisions for themselves where possible. We can also undertake measures to help manage people’s finances and property if they can no longer do so.
This is a sensitive matter and needs to be carefully thought out. The best way to handle your situation is to plan for the future if possible, by drawing up a legal document. This can be achieved in several ways:
Make a Lasting Power of Attorney
A Lasting Power of Attorney is a legal document that lets you appoint someone (called an ‘attorney’) to make decisions on your behalf. Once registered with the Office of the Public Guardian, Lasting Powers of Attorney can be used at any time if you are not able to make your own decisions. These decisions can be about your property and finance or your health and welfare. There are two separate Lasting Power of Attorney documents, and we will be pleased to discuss these with you,
Using an existing Enduring Power of Attorney
An Enduring Power of Attorney allows someone to make decisions for you about your property and financial affairs. The person you choose is called an ‘attorney’. An attorney can make decisions for you when you still have mental capacity, as well as when you lack capacity.
Enduring Powers of Attorney were replaced by Lasting Powers of Attorney but may still be used if made and signed before October 2007. An Enduring Power of Attorney only needs to be registered with the Office of the Public Guardian if the person who created it (the donor) is, or is becoming, unable to manage their financial affairs.
Making a will
By making a will you can decide what happens to your property and possessions after your death. It is not a legal requirement to make a will, but we would recommend that you do so.
If you lose the ability to make decisions for yourself and do not have a will, the Court of Protection can make one for you. This is known as a Statutory Will. If you think this may apply to you or someone you know, please ask us for further advice.
Protect your Assets
You may wish to alter the way in which you own your property if you own your property as ‘joint tenants’. By severing the joint tenancy (and this is known as ‘tenants in common’) you would then own the property jointly but you would each own a specific share of its value. Owning a property as tenants in common is often used for tax planning purposes or so a couple can pass on their half share to their children. Your Wills will need to reflect a right for the survivor of you to continue to occupy the property. We can talk through the process and the circumstances you would need to consider before entering into this
Court of Protection Deputy
Deputies are appointed by the Court of Protection (COP) to manage the property and affairs of someone who lacks capacity to make decisions for themselves.
If you have not appointed an attorney in a Lasting Power of Attorney (LPA) and you do not have the mental capacity to make an LPA, the Court of Protection may appoint a deputy to act on your behalf.
Appointee
If you are unable to manage your affairs you can ask someone else to act on your behalf. The Pension Service has the power to appoint someone to act on your behalf in dealing with your State Benefits.
The person appointed is known as an Appointee. You may require an Appointee if, for example, or you have a mental or physical disability, which is either temporary or permanent. Or you have other special needs which mean you cannot deal with your own affairs.
Why not Make an appointment to discuss what is best for you
Every adult has the right to manage his or her own money and affairs. Sometimes, however, our ability to do this decreases. Why not talk to one of our team on 01329 822 333 who will be happy to advise you what is in your best interests.