A smiling carer chats with an elderly lady

With a Little Preparation You Can Avoid the Court of Protection

The Office of the Public Guardian and the Court of Protection are hardly out of the news these days.

It is not hard to understand that those looking after the most vulnerable in our society need and deserve considerable support to carry out what is often an onerous role. It is also a huge responsibility being an Attorney, Receiver or Deputy for someone.

If you make poor decisions you’re open to criticism. If you don’t make any you should have done. It often leads to infighting within families fuelled by suspicion.

Then there is the paperwork, court fees, annual returns and security bond. You receive a letter talking about ReH out of the blue. The Court wants to reconsider the level of security they put in place and wants a fully costed financial plan to decide how to take things forward. Hours of work.

Well, is there anyway of avoiding this overwhelming state of affairs? The difficulty is that no-one ever thinks they are going to lose capacity and therefore only modest numbers put in place a Lasting Power of Attorney. It could be because it is now over 20 pages long?