We were recently instructed to act for a client who needed our help in relation to a Court of Protection matter. Our client’s spouse was losing capacity, and so our client needed to make an application to the Court of Protection. However, our client also needed to get a capacity assessment for their spouse in order to be able to make the application in the first place. Our client knew that this was going to be a very lengthy process, and coupled with managing at home alone, this was going to add to the difficulties faced.
Enduring Power of Attorney made years ago
As part of our procedure, and before embarking on the Court of Protection process, we tried to make sure that our client had all the necessary documents up to date and to hand, such as old wills and deeds and as part of that process, it was discovered that our client and their spouse had made Enduring Powers of Attorney many years ago with a different firm. This meant that our client’s spouse had an Enduring Power of Attorney (which is an old type of power of attorney) in place.
Court of Protection not needed
By virtue of the fact that the spouse had this in place, an application to the Court of Protection was no longer necessary, and all that remained was to make the application to Court to register the Enduring Power of Attorney, so that our client could begin to manage their spouse’s finances and property. This saved our client time, money and stress.
Lasting Power of Attorney made
This also led to our client making a Lasting Power of Attorney to replace their Enduring Power of Attorney. Our client was able to select different attorneys now that their spouse was unable to act as an attorney due to loss of capacity.
Enduring Power of Attorney still valid but registered when needed
If you have an Enduring Power of Attorney, these are still fit for purpose, and they can be used by the named attorneys with the donor’s permission. However, an Enduring Power of Attorney must be registered when the donor (the person wo made or gave the power) starts to lose or has lost mental capacity.
There is a formal registration process, and this can take approximately 12 weeks once submitted to the Court. Some clients are opting to end their Enduring Powers of Attorney by making Lasting Powers of Attorney, this is because Lasting Powers of Attorney can be registered as soon as they are made, and clients want to know their affairs are in order immediately, should anything happen to them.
How We Can Help
At Oliver & Co Solicitors, we understand how daunting these processes can be, but our experienced team is here to guide you through every step. Whether you need help with registering an Enduring Power of Attorney or creating a Lasting Power of Attorney, we’re committed to making the process as smooth as possible. Contact us today or call us on 01244 312306 for a no obligation chat about how we can assist with your Court of Protection and Power of Attorney needs.
