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Court of Protection Lasting Powers of Attorney

My Aunt has lost the mental capacity to deal with her finances – can I put in place a power of attorney for her?

As you have stated that your aunt cannot deal with her finances then she may not, therefore, have the capacity to give instructions for the creation of a Lasting Power of Attorney (LPA) to appoint you as her representative.

You are unable to create the document on her behalf; an LPA is a legal document which must be created by your aunt to appoint another to make decisions on her behalf, either under her direction or by the attorney she appoints.

If it is established that she does not have the knowledge or understanding to create an LPA, then an application would need to be made to the Court of Protection for a judge to decide whether you can be appointed as a Deputy to manage her finances.

Court of Protection applications can be complex and can take some time, so it is important to seek specialist legal advice as early as possible to make sure that any application goes through as quickly and smoothly as possible.

To speak to Karon Walton about any aspect of Trusts and Probate Law call 01733 295557 or email karon.walton@hegarty.co.uk.

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