Mental capacity and powers of attorney

Legal and financial affairs can be complex at the best of times, but some clients might find it extremely difficult (if not impossible) to manage those affairs by themselves. In these situations, we can assist with making sure the appropriate help is on hand.

One option is making sure you have a Lasting Power of Attorney (LPA) set up in case you’re no longer able to make decisions for yourself. You choose a representative (or attorney) who can then make those decisions for you. They can either focus on financial or medical issues (including end-of-life choices).

Being an attorney is a serious responsibility, so whether they’re a friend, family member or a professional, we can offer them advice – especially if and when they need to make decisions on your behalf. And we can also help with all the related bureaucracy, like filling in forms and getting them registered.

If you don’t have an LPA in place, the only alternative way for someone to be able to manage your financial assets is for a deputy to be appointed on your behalf. Again, this is something that we can help with, but it’s expensive and time-consuming, involving making an application to the Court of Protection (another reason why we recommend having an LPA set up).

Another option is a Disabled Persons’ Trust. This way of managing the finances of someone who is unable to do it for themselves benefits from special tax treatment, making it particularly cost effective. We can help with both preparing and running one of these trusts for you.

And if someone is unable to make a Will or do succession planning, we also have lawyers who can help with working with both courts and families to get the best possible results. This can involve seeking court approval to making applications to sign a Will on someone’s behalf, and for lifetime gifts and estate planning.