As people live longer, the question of a person’s capacity to manage their affairs is being asked more often.
If a person has capacity, they might execute a Power of Attorney to allow someone they trust to carry out administration on their instruction and behalf. This can help when a client of advancing years just needs some help with their affairs.
If their doctor is of the opinion that a person cannot make decisions any longer, then guardianship may well be necessary. That involves a Royal Court application, which we would undertake in a sensitive and sympathetic way.
In 2022, we are expecting the implementation of a new regime of Lasting Powers of Attorney, which would survive the loss of capacity without the need for guardianship. Legal solutions for people during life’s journey is at the heart of what we do, and we already have a long list of clients looking to consider the new process in due course.
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