Handling Someone's Affairs
Solicitor Katy Burgin talks about legal options when faced with taking over someone's affairs who has Alzheimer's or Dementia.
My mother has Alzheimer's disease and can no longer handle her finances. How can I take over for her?
When a family member or friend becomes mentally incapable of managing their own affairs, you can apply to the Office of the Public Guardian and ask to be appointed as their deputy. The OPG will assess medical evidence relating to the person and make a decision on whether to appoint you as their deputy. Once approved, this means that you would be legally entitled to manage that person's finances and property matters on their behalf.
Norrie Waite and Slater solicitors are highly experienced in helping people to deal with the OPG. Whether you simply need help with the application, or you need more involved help managing the person's affairs, we can help.
If an Enduring or Lasting Power of Attorney has previously been set up to deal with this eventuality then the process is much simpler as the Power of Attorney can come into effect.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal device in which you can nominate someone to deal with your affairs should you be unable to do so yourself.
Many people are concerned about what will happen to them in the event of losing mental capacity through such illnesses as Alzheimer's disease, dementia or a stroke. The idea behind the introduction of the LPA is that even someone with reduced mental capacity should still be able to exercise some control over what happens to them and their assets.
By setting up an LPA in advance, you are able to retain some control by choosing someone you trust to act as your attorney to deal with your financial and personal affairs. If you do not have an LPA, and later lose mental capacity, the Courts will appoint someone to manage your affairs and this may not be the person you would have chosen yourself.
You can tailor-make an LPA to suit your requirements, including limiting the scope as you see fit. LPA's can be used to give your attorney power to deal with your property and finances or your personal welfare and healthcare decisions; or both as you see fit.
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