Should a family member or friend not have made an Enduring or Lasting Power of Attorney and are unable to do so now due to mental incapacity, there is no authorised person able to access their bank accounts, pay any bills or even make enquiries on their behalf.
If that person then requires permanent residential care, no one can pay the care home fees nor sell any property to fund the payment of care.
The only way forward is for an application to be made to the Court of Protection to appoint a Deputy.
The Deputy appointed can be a family member, friend or professional like a solicitor. Oakwood Solicitors offer a professional deputyship service should this be required.
The application process can take between 6-8 months before the final order is made.
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