Attorneys can be appointed by making a lasting power of attorney whilst one still has the mental capacity to do so. Enduring powers of attorney can no longer be created but those already in existence are still effective. The duty to register an existing power of attorney falls on the attorneys who are appointed by it and arises when the person who made the enduring power of attorney starts to lose mental capacity. Our experienced solicitors can help you to make and register lasting powers of attorney or register existing enduring powers of attorney, avoiding the all too common pitfalls along the way.
When mental capacity has already been lost and a power of attorney has not been made, the only option available in order to look after a person’s finances is to make a deputyship application to the Court of Protection. Once a deputy is appointed, the Court of Protection and the Office of the Public Guardian supervise the deputy along the way, in particular by requesting annual reports. This is a highly specialist area in which the group has a considerable level of experience. Deputyship applications are lengthy and complex but we can assist with the whole process. We are also able to assist with the preparation of annual reports. Where there are no family or friends willing or able to act as deputy we are able to offer our professional deputy service. This means that a partner of our firm would apply to become deputy so everyone can rest assured that all financial affairs will be taken care of in a professional manner.