Losing mental capacity can be a gradual process through Alzheimers or vascular dementia. It can also happen through a stroke or head injury and this can happen at any age. For example, poor Michael Schumacher was not expecting what happened to him. If capacity is lost then the best thing is if there is a Lasting Power of Attorney in place so that the attorney can step in and deal with things.
What happens if you do not have a Lasting Power of Attorney?
Well, in suitable cases the answer may be that an application should be made to the Court of Protection for someone to be appointed as a ‘Deputy’. The deputy has similar powers to an attorney but is acting under the direct authority of the Court of Protection and has to report back to the Court. The process requires medical evidence of the persons loss of capacity but does not usually require a court attendance.
Most care and treatment decisions can be made on your behalf without the need for a court application. However, if you wish to avoid potential disputes, you can give a person(s) authority to make those decisions on your behalf by making a Health & Welfare LPA.
For further information on Lasting Powers of Attorney contact our experienced Wills and Probate team today. We can talk you through the process and advise you on the next best steps. We have offices across Lincolnshire & Nottinghamshire in Boston, Grantham, Lincoln, Newark, Sleaford and Spalding.