Who will make decisions for you if you are unable to?

12th November 2018

How would it feel if financially you could achieve all your goals and objectives?

How would it then feel if you were now prevented from living out your goals and objectives because of an injury, illness or condition that affects the way your mind works, leading to difficulties in decision-making?

If you were mentally incapable of making decisions you would no longer be able to manage your own financial affairs or make health and care decisions.  Unless you have previously appointed someone to look after you, an application would need to be made to the Court of Protection for a deputy to be appointed.  This means:

  • A costly and time-consuming process.
  • You will not have a say in who will be managing your affairs or making decisions on your behalf.
  • Your assets (including jointly owned bank accounts) will be inaccessible until the deputyship order is in place.
  • An annual fee is payable to the Court of Protection to pay for supervising the court-appointed deputy.

The consequences could be devastating and at the very least inconvenient!

This does not have to happen…

You can authorise someone you trust to administer and manage your affairs so that in the event of losing mental capacity, your life’s plan can still be carried out.

All you need to do is set up and register Lasting Powers of Attorney.  This can be established yourself or by using a Lawyer.

There’s some really useful guidance on the Office of the Public Guardian’s website which you can access here.

Lasting Powers of Attorney come in two forms:

  • Financial Decisions – the power to make decisions about property and financial affairs. Examples include paying bills, selling a home and collecting income.  This power is effective as soon as it is registered (although it can be stipulated that the power only becomes effective when the donor; you, loses capacity).
  • Health and Care Decisions – the power to make decisions about healthcare and personal welfare. This power can only be used on the onset of mental incapacity.  Examples include granting or refusing consent for medical treatment and deciding how and where the care is delivered.

If you have established an Enduring Power of Attorney already it can still be used upon mental incapacity but would only cover Property and Financial decisions so you would still need to set up a Lasting Power of Attorney for Health and Care decisions.

At Fortitude, we seek to enrich our clients’ lives.  We want you to live the best life possible and we want to keep it that way so would urge you to take control of your future by ensuring that someone you trust can act on your behalf if you are unable to.