Powers of Attorney and Deputyship Orders

 

We recently acted in a matter where Mr H was the son of Mrs H who suffered from alzheimers.  Her mental health deteriorated very quickly and required her suddenly to seek immediate 24 hour care in a nursing home.  Mr H, found a care home that he was happy with and Mrs H went to live there.

 

As anyone who has gone through this experience knows, the costs of care can be high.  Mrs H had funds to meet the cost, but they were all in her sole name and her son could not obtain access to them, as she had not made a Power of Attorney before her mental health deteriorated.

 

Therefore, to access the funds application had to be made to the Court of Protection to seek a Deputyship Order as soon as possible so that the outstanding and ongoing care costs could be met.  The son eventually was given control over his mother's assets by virtue of the Deputyship Order, but the process for this to happen was more involved, costly and time consuming than if Mrs H had previously prepared a Power of Attorney.

 

It is important for everybody to consider making a Powers of Attorney to enable their affairs to be dealt with more simply in a situation where we can no longer deal with our own affairs.

 

We all hope that this will not happen, but unfortunately there are no guarantees and sometimes circumstances can alter very quickly, requiring somebody else to have access to your assets, to be used for your own benefit.  By planning for this event, stress can be minimised for those left to deal with your affairs.

 

If you wish to seek some advice regarding Powers of Attorney or seeking a Deputyship Order, where there is no Power of Attorney, please contact Gerard Davis or Katie Kearns on 024 7655 3181

16th December 2018

Sarginsons Law