People can become unable to manage their own affairs at any stage of life whether through illness, accident or a general decline in their mental health. An Ordinary Power of Attorney becomes invalid if the individual should lose their mental capacity.

To deal with this eventuality an Enduring Power of Attorney, which allows you to nominate someone to act on your behalf in relation to all your property and affairs or to act on your behalf in relation to certain specified matter can be put in place. This Enduring Power Of Attorney will continue subject to certain procedural steps being taken in the event of the individual becoming mentally incapable at some later date. Drafting an Enduring Power of Attorney may be something to consider at the same time as giving instructions for your will.

If there is no Enduring Power of Attorney in existence then it may become necessary to make application to the Office of Care and Protection in the High Court of Justice for the appointment of a Controller to manage the individual’s property and affairs when they become incapable. The application to the Office of Care and Protection involves the completion of a number of documents, the service of a Notice of the application both on the individual and on other family members and in most instances an attendance by the proposed Controller at the Office of Care and Protection prior to any order being made.

We can either act as Controller or guide you through the process and we always seek to be as sensitive as possible to both the controller and the patient.

©2008 John Irwin