Complications - having no Power of Attorney

If there is no Power of Attorney in place, and an elderly person becomes incapable of looking after their own affairs it can become a complicated situation.
If a person becomes incapable of dealing with their financial and personal matters, and there is no Power of Attorney in place, the carer has to apply for an Order from the Court of Protection. This process can be time consuming and expensive.
What is the Court of Protection?
The Court of Protection was set up to make decisions in relation to the property, affairs, healthcare and personal welfare of adults (and children in a few cases) who lack the mental capacityto do it themselves.
The Court of Protection also has powers to decide whether someone has the capacity to make a particular decision.
The Court of Protection has the powers to:
- decide if a person is able to make a particular decision themselves;
- make decision on financial or welfare matters for people who can't make the decisions themselves;
- appoint deputies to make decisions for people who can't make decisons themselves;
- decide whether an LPA or EPA is valid;
- remove deputies or attorneys who do not carry out their duties correctly;
- hear cases concerning objections to register an LPA or EPA and make decisions about whether or not an LPA or EPA is valid.