Life can sometimes throw unexpected events our way. For that reason, it is important that we carefully consider our wishes, should we become unable to execute them ourselves.
The Court of Protection makes decisions regarding welfare or financial matters, on behalf of people who are unable to make these decisions themselves, for the reason that they ‘lack mental capacity’. It intervenes when a person has not carried out the necessary legal processes for ensuring that their wishes are documented.
Court of Protection
Decisions made by the Court of Protection are underpinned by the principles of the Mental Capacity Act 2005, although the Court may also exercise its own jurisdiction.
They will first determine whether a person does, indeed, lack the capacity to make decisions. If they are found to lack capacity, then the Court will make decisions regarding personal welfare, property and affairs,
Personal welfare decisions may relate to things such as whether treatment will be refused, consented to, or withdrawn. It may include where a person will live, whether at home or within an assisted living residence. It may also deal with who will have contact with them.
Property and financial affairs decisions may relate to things such as who will control and manage property on behalf of the person who lacks capacity. They may also make decisions about property sales, exchanges, or gifts. They can decide who will carry out business or enter into legal proceedings on behalf of the person. They will also make decisions relating to finances.
Power of Attorney
You can protect yourself and ensure that your wishes are documented by completing the necessary documentation for a lasting power of attorney. Specialists in setting up a UK power of attorney, such as https://powerofattorneyonline.co.uk/, can guide you through the process of an LPA, offering assistance and advice along the way.
Setting up a lasting power of attorney also protects your loved ones by saving them from the time, stress, and complexities of dealing with your affairs, should you be unable to do so yourself.
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