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Partner and Head of Family Law, Rugby
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Head of Wills, Trusts and Probate
Planning for mental incapacity
You make decisions every day that affect you and those around you. From spending money to taking care of your health, these sorts of choices are often taken for granted.
But there may come a time when you are not able to decide things for yourself. None of us knows what the future holds; for some, it may be the loss of mental capacity and the difficulties that result from that.
Our team of Wills, Trusts and Probate lawyers helps customers put in place protections for the future. One of these is a Lasting Power of Attorney - a binding legal document, overseen by the Court of Protection. It allows you to appoint someone you trust to look after your affairs if, and only if, you become unable to do so. This person will be your “attorney” and he or she will be able to make important decisions about your property and affairs or your personal welfare.
Customers tell us that making these documents while you are fit and well puts their mind at rest, and for their family, it makes life much easier should incapacity ever arise. While we always hope that there will never need be a need to call on a Lasting Power of Attorney, having it in place eases everyone’s fears for the future.
Our lawyers are sensitive to personal circumstances. They will advise you on the sorts of people you should consider appointing as your attorney or attorneys. They’ll also help you set out the best guidance so that the right decisions can be made about your property and possessions, finances and health.
Making a Lasting Power of Attorney gives you peace of mind when planning for the future, but if a friend or family member has already lost the capacity to deal with their own affairs and welfare, a Lasting Power of Attorney cannot be made.
There are a number of options which will help you to manage their day-to-day lives and prepare for their future. We’ll support you in applications to the Court of Protection which has the power to grant Deputyships allowing you to make decisions for someone who lacks capacity. Deputies can also apply to the Court of Protection to make a Statutory Will on behalf of the friend or family member who lacks capacity to make their own.
We’ll also guide you on most effective options for your circumstances and provide advice for you if you are currently acting as a Deputy or Attorney.