When someone becomes mentally incapable of handling their own financial affairs, they are usually unable to give that responsibility to someone else. If provision has already been made for this situation by appointing an Attorney - under an Enduring Power of Attorney (EPA) - that Attorney must apply for registration once the person is, or is becoming, mentally incapable.
When no provision has been made, an application will need to be made to the Court of Protection to appoint someone else to manage those affairs.
In what circumstances should an application be made?
You should make an application to the Court of Protection when the person concerned (who we refer to as a 'client'):
- is mentally incapable of managing their own financial affairs;
- has not made an EPA and is now mentally incapable of doing so;
- has assets that need to be used for his or her benefit or administered in some way (e.g. selling a property).
The Court of Protection will usually appoint a Receiver when a client has:
- more than £10,000 in cash after payment of debts; or
- property to be sold; or
- a level of income which the Court considers necessitates the appointment.
To find out more about applying for power of attorney please click here.
To find out more about lasting power of attorney and the law please click here.