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1-06-2015

The Court of Protection (Amendment) Rules 2015 partly came in to force on 6th April 2015. The remaining, and larger, part will come in to force on 1st July 2015. They are a fundamental reform of the Court’s processes since 2007. Whilst the amendments are mostly of interest to legal advisors, they serve as a reminder of the detailed, lengthy and often expensive route a family member may need to take with the Court of Protection, if you lose the required mental capacity to make your own decisions.

Moon Beever London office

A Lasting Power of Attorney (LPA) created in advance avoids any need to go through the Court of Protection. The benefits are:

  1. You get to choose who you would want to act for you. If mental capacity does become an issue with no LPA already being in place, it will be up to a family member, friend or possibly a professional who will apply to the Court of Protection to ask it to decide who the appropriate person should be to act on your behalf
  2. Cost. If an LPA is not created and the Court route has to be taken it is far more expensive and time-consuming for family or friends at an already difficult time.

There are two types of LPA which can be created – property and financial affairs and health and welfare.

A property and financial affairs LPA covers decisions about your finances and property. This can include paying your bills, collecting your income and benefits, or selling your house. If you wish, you can restrict their powers, or place conditions on what they can do or state-specific situations about when they should only act.

A health and welfare LPA allows the attorney to make decisions on your behalf about where you live or day-to-day care including your diet and what you wear. You can also give your health and welfare attorney the power to accept or refuse life-sustaining treatment on your behalf.

If you would like advice or more information about setting up a Lasting Power of Attorney, please contact us.

TESTIMONIALS

Standout firm known for its personal insolvency work for clients including private companies, individuals and governmental institutions. Frequently acts for insolvency practitioners, assisting with the realisation of assets, both in the UK and abroad.

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