Mental Incapacity
According to the Alzheimer’s Society, there are already more than 750,000 people in the UK suffering from dementia and there is, unfortunately, a steady rise in its incidence. As life expectancy increases, so does the chance of being a sufferer. Incapacity can also arise as a result of an accident.
Faced with those statistics, it makes sense to consider what you can do now to protect your assets and give you peace of mind in case you later become incapable of managing your affairs.
A Lasting Power of Attorney (LPA) is one way in which to help ensure that your financial affairs are managed in your best interests. In effect, you nominate someone you trust (your attorney) to manage your financial affairs, if necessary, giving you greater control of your future and not leaving matters to chance.
At Withy King, we understand the issues and can help you decide what to do for the best. Our experienced, sympathetic team can guide you through the implications of making an LPA and choosing an attorney, so that ultimately you have peace of mind regarding your future should you be unable to manage your affairs.
In the event of a person being unable to make an LPA, we can assist with the management of his or her affairs by a Deputy appointed by the Court of Protection.
The Court of Protection
The purpose of this part of the High Court is to look after people who cannot make some decisions themselves, for example people with dementia, learning disabilities, mental health problems, strokes or head injuries.
The Mental Capacity Act makes clear who can take decisions in which situations and how they should go about doing so. It provides a framework for decision making in three areas of a person’s life:
- Property and financial affairs
- Personal welfare matters—such as where to live and with whom to have contact and
- Healthcare and medical treatment decisions
The Court is able to deal with all areas of decision making and can make “one off” decisions itself or it can authorise someone (called a “Deputy”) to make decisions on an ongoing basis.
At Withy King we have had many years of experience helping people with responsibility for those who have difficulty making decisions. We can assist relatives and friends with applications to the Court and then act for them when a Deputy is appointed. In appropriate cases a Withy King partner may be appointed. One of our partners is an approved member of the Court’s Panel of Deputies.
In addition to the usual straightforward applications we have made more complex ones seeking the Court’s permission to undertake tax planning, to arrange for the making of gifts and for the preparation of wills for those no longer able to do this for themselves.
If required, we can take over the complete management of the financial and business affairs of the person concerned and deal with all of these, including attending to claims for benefit and their taxation affairs.
We can relieve family members of all the administrative pressures of dealing with the Court and the administering the Deputyship so that they are free to concentrate on their own lives and the care needs of their relative.
For further information please contact Tony Spiers, Partner, on T.: 01225 425731 or email tony.spiers@withyking.co.uk; alternatively, please fill in our online enquiry form.
