Managing The Affairs Of a Loved One Who Is Losing Mental Capacity

Our team can provide advice on how to assist in handling the affairs of someone who may lack the “mental capacity” to do so for themselves…

A lack of mental capacity may be due to:

A stroke or brain injury
A mental health problem
A learning disability
Confusion, drowsiness or unconsciousness because of an illness or the treatment for it
Substance or alcohol misuse
We can offer guidance and support to those who are:

Concerned about the ability of someone to manage their financial affairs or make decisions about health and welfare issues.
Responsible for managing someone’s financial affairs or making decisions about health and welfare issues.
Concerned about their own ability to manage their own affairs.
We can advise you on:

Planning for incapacity

Planning for incapacity in later life is becoming more important as medical technology helps people to live longer. However, such planning should not just be considered an issue for later life; incapacity can arise from an accident or illness at any stage in life, be it temporary or permanent.
We advise on and prepare Lasting Powers of Attorney (LPAs) so that an attorney can be appointed in advance to deal with an individual’s (“the donor”) affairs in case s/he should become incapacitated and therefore unable to manage their financial affairs and/or make decisions about their health (such as life sustaining treatment) and welfare (such as where they should live).

Why make an LPA?

Although attorneys appointed under an LPA, or the old form of Enduring Power of Attorney (EPA), can largely deal with the donor’s affairs in the way the donor did, they are subject to a duty to act in the donor’s best interests and there are restrictions over the extent of their powers. We advise attorneys on the concept of best interests and their duties when undertaking such a role.
We advise on and prepare Advance Directives for Healthcare often called Living Wills which allow a person to set out in advance their refusal of certain medical treatment in the future in the event that they lack capacity to consent to / refuse treatment at the time.

Court of Protection

If no provision has been made for a LPA or if a person has since lost the ability to do so through their condition we can assist by applying to the Court of Protection to appoint a deputy to act in the best interests of someone who has lost the mental capacity to do.

We can advise on the procedure and format for court applications and even prepare paperwork and provide representation at court hearings; helping to assist the family throughout the entire process.

For a confidential and free conversation without obligation regarding Lasting Power of Attorney or Court of Protection applications, please speak to our specialist solicitor on 0191 466 1444