It is important to consider what will happen if you were no longer able to manage your financial affairs. We recommend that our clients consider making an Enduring Power of Attorney by which they can appoint one or more of their family members or trusted friends to look after their finances if they lose the mental capacity to do this for yourself.

You can appoint up to four Attorneys to act jointly or jointly and severally and can make the appointment subject to whatever restrictions or conditions you think appropriate. We will be happy to advise you on the best way to make the appointment.

Enduring Powers of Attorney must be registered with the High Court of Justice in Northern Ireland when the donor is, or is becoming, mentally [or physically] incapable of managing their own affairs. If you are an Attorney and you think that the Donor is losing capacity then you should register the Enduring Power of Attorney with the Court. We can guide you through the statutory notification and registration process.

If a family member is losing capacity but does not hold an Enduring Power of Attorney you may need to consider a Controllership Order to allow you to assist them with their financial affairs. This is a mechanism by which the Court can empower someone to manage the patient’s finances on their behalf. This can be a complicated application but we will prepare the necessary paperwork on your behalf and guide you through the Court process.

We are also aware that it is becoming more common for clients to need assistance with their financial affairs and personal property, especially where there is no immediate or local family on hand. We are happy to provide help and support to permit clients to maintain their independence where possible, or to provide solutions for practical issues such as the clearance and sale of property where a client has gone into a nursing home.

Contact: Emma Townsend

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For more information or to make an appointment please call 02890 321 441