A common story      

"When dad died without leaving a will, Mum had problems. Mum thought she got everything automatically, but the house was worth more than mum was entitled to outright. Even my awful brother, who hadn't visited Mum and Dad for 20 years, got a big share of Dad's estate. When everything had been sorted out Mum made a will. She thought she had covered everything, but two months ago she had a moderate stroke. Although she has recovered quite well physically and is likely to live for many years, mentally she is incapable. I need to manage her finances, sell the house and buy a small flat for her to release some money to pay for her care. I have been advised that I can't do any of this without making an application to the court".

What could Mum have done?

Mum could have given an lasting power of attorney (before 1 October 2007 this used to be an Enduring Power of Attorney) to one or more of her children or even to a trusted family friend. An ordinary power of attorney becomes invalid when someone becomes mentally incapable, but a lasting power of attorney does not. If Mum had made a lasting power of attorney, her children would have been able to manage her property and finances without the much more lengthy and expensive procedure of applying to the Court of Protection of appointing a receiver.

A lasting power of attorney can only be signed when the person giving it is mentally OK. It is too late to do it after they have become mentally incapable.

It is sensible to consider making a lasting power of attorney when making a will, especially for older clients.   

  Questions about lasting powers of attorney:

Wallace & Co., Solicitors and Notaries. 11a Station Parade, Balham High Road, London, SW12 9AZ (entrance in Ravenstone Street).
Tel: 020 8675 6755. Fax: 020 8675 2001.
email:    Is available      

Balham Battersea Wandsworth Wallis Bromley Wallace Phil Philip Streatham Wallace LLP Solicitors Notary notaries London South London South West SW