Court of Protection

// what to do if you haven’t got a Power of Attorney.

If in the future you lose the mental capacity to manage your affairs and have not created a valid Lasting/Ordinary Power of Attorney, it may be necessary for the Court of Protection to become involved. In this eventuality a relative, friend or professional advisor can apply to the Court of Protection to be appointed as your Deputy. This person will be responsible for managing your financial affairs, which is similar to that of a Lasting Power of Attorney (LPA).

The Court of Protection will assess the necessity and suitability of the person applying for deputyship and set out the extent of the Deputy’s authority to act. They will also monitor them to ensure they don’t exceed their powers and make sure they act in your best interests. You can’t choose who your Deputy will be and the process of appointing one can be lengthy and costly; it is much better to put a Power of Attorney in place, while you can.

A common mistake to make is assuming that if you are married or in a civil partnership, your spouse would automatically be able to deal with your finances or make decisions about your healthcare. This is not the case. If you lose the ability to make decisions, without a Lasting Power of Attorney, they won’t have the authority and you will have to apply for a Deputyship Order.

If you have a friend or relative that can no longer make decisions or handle their affairs, talk to one of our probate solicitors about applying to the Court of Protection.