None of us wants to think about losing our capacity to deal with things ourselves - but the reality is that it could happen at any time through accident or illness, as well as in old age.

QualitySolicitors will provide sensitive, practical and expert advice on all aspects of the law relating to incapacity and planning for the future.

Why should I consider planning for incapacity?

If a person becomes physically or mentally incapable of dealing with their own financial affairs, no one has the automatic right to deal with those matters on their behalf. Not even people who we commonly think of as next of kin have any rights over financial affairs.

This can pose real problems at a time when the smooth running of financial matters is essential for the incapacitated person’s general welfare.

Can I do something about this now?

Yes. You may wish to consider making a Lasting Power of Attorney for Property and Affairs. This is a legal document in which you appoint one or more persons to assist you with financial matters. This type of power of attorney is special because it will continue to be valid despite mental incapacity unlike an ordinary power of attorney that would no longer be valid in those circumstances.

Making a Lasting Power of Attorney doesn’t mean that you give up the right to deal with financial matters yourself. The power can be tailored to your individual needs. It can contain restrictions and conditions that suit to your circumstances. For instance, it could ensure that you have someone to help you deal with the practical side of organising your financial affairs.

Who will monitor my attorney?

The Public Guardian is responsible for monitoring the actions of attorneys.

Attorneys can be called to account for their actions. This is only likely to happen if someone raises concerns about the attorney’s actions. This safeguard should not be relied on. It is therefore important to choose your attorneys carefully.

What happens if I can’t manage my financial affairs and I haven’t made a Power of Attorney?

If you don’t have a Lasting Power of Attorney (or an old style Enduring Power of Attorney) it will be necessary in most cases for an application to be made to the Court of Protection for the appointment of a Deputy. The Deputy will then manage your finances for you.

Anyone can apply to become your Deputy, which means that the person who ends up managing your finances may not be the person that you would have chosen to act for you.

What about decisions on my health and welfare?

You can also make a Lasting Power of Attorney appointing someone to make Health and Welfare decisions for you at a time when you cannot make those decisions for yourself.