A common enquiry we have is that a family member has not appointed a attorney in the form of an LPA and sadly lacks capacity to deal with their affairs. What can be done in order that they obtain authority to deal with their financial and property affairs ? The answer is that you can make a Deputy Application to the Court of Protection which would enable you to deal with these affairs.
There is no guarantee that a Deputy Application would not be opposed, the application is far more time consuming and involved than appointing someone as attorney under an Lasting Power of Attorney. However as we all know an LPA can only be entered into by a donor when they have capacity. In summary everyone should consider appointing an attorney under an LPA but if you are stuck dealing with a loved ones affairs their is a potential solution in a Deputyship Application to the Court of Protection. For more information click the link https://www.clodes-solicitors.com/service/deputyship/
As the sad and high profile case of Kate Garraway shows dealing with financial matters for a loved one without an LPA can be extreme difficult. As Kate explained, “One of the practical problems – which a lot of people would have experienced if they’ve got the absence of someone in their life – like many things, the car is entirely in Derek’s name, the insurance is in Derek’s name, a lot of our bank accounts. There are lots of financial goings on which are making life very complicated because I can’t get access to things because legally I haven’t got power of attorney.”