If somebody loses their mental capacity to the point where they cannot manage their affairs, their family or friends have to make an application to The Court of Protection before they can make use of any of the assets owned by that person.
This can be a long, drawn out process and there may be substantial costs involved on an ongoing basis. These costs include solicitors’ fees, court costs and ongoing costs as the court appoints a receiver to manage the mentally incapacitated person’s assets.
A Lasting Powers of Attorney solves this problem. It is a document where you direct that, if you lose your capacity at any time in the future, you appoint people (your ‘Attorneys’) to control your money and other assets. The legislation relating to LPAs has only come into effect in October 2007 and we are working with The Society of Will Writers to make sure our clients have the most up to date information
We may be stating the obvious, but all initial consultations are free and without obligation. The ‘hard sell’ is not in either of our best interests.