Wills, trusts and tax
Powers of attorney and the Court of Protection
Enduring power of attorney
It is becoming common practice for people to make an enduring power of attorney authorising one or more people to manage their affairs in the event of their losing mental capacity. Such a power of attorney would provide a sensible way of managing your affairs should an accident or an illness affect your mental capacity.
It is important to get the right advice and to structure your power of attorney in a way that will avoid potential misuse.
If you would like us to advise you further, please let us know. Please contact Martin Beard who will send you information on enduring powers of attorney. You can email him on beardm@dawsoncornwell.com or ring him on 020 7242 2556.
What happens if I don’t make an enduring power of attorney?
Without an enduring power of attorney, the Court of Protection will closely oversee the affairs of a person who loses capacity.
The Court of Protection
The Court of Protection is an office of the Supreme Court. It comprises: the Master, who is a judge, court officers to carry out the directions of the court and supporting staff. The Court of Protection appoints receivers, registers enduring powers of attorney, oversees the appointments of new trustees, authorises certain gifts and makes statutory Wills. The court charges for its role and requires receivers to account regularly to the court and to obtain its approval of transactions.
The Public Guardianship Office
The Public Guardianship Office is the administrative arm of the Court of Protection. It took over the mental health functions previously undertaken by the Public Trust Office and is responsible for providing services for people with mental incapacity.
If you would like advice or further information about dealing with a person’s affairs through the court of protection please contact: -
Martin Beard
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