News
Time to think about power of attorney?
“Secret Court seizes £3.2bn from elderly” was a headline that appeared in the Mail on Sunday at the end of October. The story refers to the Court of Protection, which was set up approximately two years ago to act in the interests of people who are unable to manage their own affairs. It replaces a previous body with the same name that had more restricted powers and was overseen by the High Court.
The Court of Protection hears approximately 23,000 cases a year involving people deemed unable to make their own decisions. The presiding judge will decide whether a family member can act for their loved one or, if no one is available or considered suitable, then control can be awarded to officials from the Office of Public Guardianship.
The Government has advised everyone to make a Lasting Power of Attorney (LPA), which details who should look after a person’s affairs should they be unable to do so. Unfortunately, only 60,000 people in Britain have registered an LPA and problems can arise if someone suddenly becomes mentally impaired, such as through the rapid onset of Alzheimer’s disease or an accident. Without an LPA, relatives must apply to the Court of Protection and the Office of Public Guardianship will then decide whether they are fit to manage the affairs of the person concerned.
The system has received around 3,000 complaints in its first 18 months of operation. In many cases, carers have to complete a 50-page form and provide a great deal of personal information about themselves and their family. Even if control is awarded to a relative or carer, the Office of Public Guardianship will charge an annual fee (up to £800) to supervise the activities. The carer will also need to obtain consent from the court to pay expenses such as household bills.
Only if someone is given power of attorney before a person becomes mentally incapacitated will they be able to avoid applying to the court.
Please contact Roger Stone at Chichester or Sarah Evans at Selsey for more information.