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What is the alternative to a Power of Attorney?

A client recently contacted me to say that her mother needed a power of attorney. After asking some questions it became clear that it would not be possible for a power of attorney to be prepared on this occasion because mother had advanced dementia so was unable to give me instructions.

My client asked me if there was any alternative and I was able to tell her that there was. She needed to apply to become her mother’s Deputy.

A Deputyship order is a document obtained from the Court of Protection. It enables my client to ask the Court to appoint her as her mother’s Deputy to act for her in relation to property and financial affairs. In order to obtain the order it is necessary to complete several detailed forms which can appear quite daunting. However, I am able to guide clients through those forms. It is necessary to ensure that you apply for an order which covers all eventualities. For example, special care needs to be taken if a property is to be sold to ensure that the order gives authority for that sale.

Although it is possible to obtain a Deputyship order for health and welfare issues these are harder to obtain because they are generally only granted for specific medical issues.

If you would like any further information about Deputyship please contact Jenny Mayhew on 01825 747129 or any member of the Private Client team.