Ask The Legal Expert: My Mother Has Alzheimer's. Can I Take Charge of her Affairs?
- AuthorElize Blake
"My elderly mother has Alzheimer’s and she cannot manage her finances now. I know we have left it too late to put a Lasting Power of Attorney in place, so how can I manage her assets for her at this point?"
You’re right – a Lasting Power of Attorney needs to be settled when the person involved still has capacity. At this point, you would need to apply for a Court of Protection Deputyship.
Applying for a Deputyship can be complicated, and I would strongly recommend getting support with the application process from a legal professional, so you get the details right. Here are some pointers:
- If a Deputyship is granted by the Court, it would give you legal authority to make best-interest decisions about your mother’s property and financial affairs
- Anyone can apply to be appointed as a Deputy if they are over 18, with no criminal record and if they have not been declared bankrupt
- One person can be a Deputy, or several can act jointly. A Professional Deputy – often a Solicitor - can also be appointed
- A Deputy can manage things like bank accounts, household bills, property, pensions, shares & investments, and tax returns
- A Deputyship Order lasts for as long as the person lacks mental capacity and is unable to make their own property and financial decisions
- The appointed Deputy can apply to the Court to be discharged and a new Deputy can be appointed. However, the Court will consider whether this is in the best interests of the person who lacks mental capacity
This question is based on a hypothetical situation. The content does not constitute legal advice and is provided for general information purposes only.