If you are faced with having to deal with the affairs of a loved one who lacks mental capacity, you may need to choose someone who can act as a deputy to manage your relative’s property and financial affairs. We can help you apply to the Court of Protection, either to be appointed as your relative’s deputy, or to guide you in deciding who would be the best person to take on this role. If your relative still has some mental capacity we will speak to them to see whether they are able to grant a lasting power of attorney appointing you, or someone else, to look after their financial affairs and to take healthcare and welfare decisions on their behalf.
However, if your relative lacks the ability to understand the purpose of a power of attorney, and the authority and control over their affairs which this would give to their attorney, the only option is to apply to the Court of Protection for a deputy to be appointed.
We at Roberts and Smith would be pleased to guide you through the complex application process. We can also help with the day-to-day financial management of your relative’s affairs, particularly if there are no members of the family able to do this.
For an initial discussion about what needs to be done and the options available, please ring us using the number at the top of this page or call in at our office in Nelson.