Our Private Client team are here to help you in the event that a family member no longer has the capacity to make their own decisions whether it is due to old age, infirmity or disability.
We understand that this is often an emotional and stressful time but we are able to guide you through the process to achieve the best possible outcome in difficult circumstances.
The Mental Capacity Act 2005 and the associated Code of Practice provide guidance in dealing with issues where an individual lacks capacity, however there are many circumstances in which the Court of Protection must become involved to establish what is in an individual’s best interests. This is particularly true if there is no Lasting Power of Attorney in place.
If the court decides that a person lacks the mental capacity to deal with their own financial affairs, the Court of Protection can appoint a ‘Deputy’; who is usually a close friend or family member. The Deputy is given the authority to make decisions on the person’s behalf under the court’s supervision. The court can also make decisions about healthcare and personal welfare matters.
If someone close to you loses capacity it is essential that arrangements are put in place to deal with managing their financial affairs and, if necessary, selling or dealing with their property as soon as possible.
Our specialist team at Meaby&Co can work with you through every step of the way, providing expert guidance and support, ensuring that you receive the best advice.