As we get older it becomes more and more important that we ensure that our affairs are in order.  Llys Cennen Solicitors always advise that our clients should have a will and a Lasting Power of Attorney form in place (please see previous blogs).  Unfortunately it is sometimes the case that for whatever reason, people do not always seek professional legal help until it is too late.

We are often asked, by family members, to make a Lasting Power of Attorney form for an elderly relative as the relative has “lost mental capacity”.  A Lasting Power of Attorney form is a document which has to be signed and approved by the person granting the power and as such the person must understand the nature of the document that they are signing.  Unfortunately if they have lost capacity and cannot understand the nature of the form then it is too late to proceed with a Lasting Power of Attorney form.

It is often the case that even though there is no Lasting Power of Attorney form in place somebody is still required to deal with that person’s affairs, for example, to ensure that bills are paid or even to deal with the sale of a property.

If there is no Lasting Power of Attorney form in place then an application to the Court of Protection is needed in order for the Court to appoint a family member to act as a Court appointed Deputy.

The procedure for applying to the Court for a Deputyship Order is not simple.  A number of forms have to be completed by the applicant and by a doctor.  Forms once filed with the Court then have to be served on various family members with certificates of service returned to the Court.  Errors in the forms or the procedure can lead to significant delays.

Whilst it is always preferable that a Lasting Power of Attorney is granted, if there is no Lasting Power of Attorney in place, Llys Cennen Solicitors can assist clients in relation to applications to the Court of Protection to make sure that an Order of the Court is received as quickly as possible.  Should you require any assistance as to an application to the Court of Protection for a Deputyship Order please contact our Mr Hefin Rees.