McHale & Co. Solicitors Blog

I am seeing an increasing number of clients requesting advice on how to apply to the Court of Protection to become a deputy. According to the Alzheimers' society 800,000 people in the UK suffer from dementia and this is set to increase to one million by 2021. I guess this is no surprise as we are all living longer and the advances in medicine mean that we may be physically fit but not necessarily mentally.

If a friend or relative loses mental capacity as a result of dementia then in many cases access will be lost to their finances and assets. What happens then when bills need paying or a house needs to be sold to pay for care?

The Court of Protection makes decisions and appoints deputies to act on behalf of people who are unable to make decisions about their personal health, finance or welfare. It can be a lengthy process to make an application to the Court but it is in everyone's best interests that vulnerable people in these situations are protected. It is frustrating and sad for friends and relatives when loved ones start to lose mental capacity let alone to be faced with bills without the ability to access any funds to pay for them.

A Lasting Power of Attorney is the answer but you can only make one when you still have mental capacity, when capacity is lost it is too late and the Court of Protection is the only solution.

If you would like any further advice or information please give me a call on 0161 928 3848.