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Q AMy mum has been diagnosed with advanced Dementia, is she able to put in place a Lasting Power of Attorney?

In order for us to take instructions for a Lasting Power of Attorney, your mum would be required to have mental capacity. This is because we would need to ensure she is able to make her own decisions, having understood the advice provided.

If your mum does not have capacity, we are still able to assist you in managing her affairs by way of a Deputyship Order.

There are two types of Deputyship Orders: Property and Financial Affairs Deputy Personal Welfare Deputy

Applications can be for either one of the above or both.

A deputy must be 18 or over and would usually be close relatives or friends of your mum. Specifically for the Property and Financial Affairs Deputy, the deputy must have the skills to make financial decisions for someone else.

Several forms will need to be completed along with a doctor’s report confirming that your mum is unable to manage her affairs. All of these documents will need to be sent to the Court of Protection along with the court fee which is paid per application.

Once the application is sent, the Court of Protection will check whether your mum requires a deputy and that there are no objections to the appointment of the deputy.

When the court appoints a deputy, they will receive a court order saying what they can and cannot do.

If you require any guidance with a Deputyship Order, please do not hesitate to contact us by telephone on 01554 755101 or by email on contactus@gomerwilliams.co.uk