by Annette Campbell:Solicitor

I recently helped some clients whose mother was going into care. She had suffered from dementia for some time. She had lost mental capacity to take care of her own finances.

My clients were keen to be able to provide for their mother, but to fund the best possible care for her they needed access to her finances. If their mother had made a lasting power of attorney, or an enduring power of attorney, they could have used this to make payments towards care on behalf of their mother, but, unfortunately, their mother had not made one of these.

There was still help available though, because in these circumstances, it was possible to make an application for the daughters to be appointed as deputies to act on behalf of their mother. The application is much more involved than completing a lasting power of attorney form, and there can also be considerable delay in obtaining the order from the Court.

However, the Court processed the application relatively quickly and the order appointing the daughters as deputies was made just a few weeks after the application was made. Because of the cost of care, the application also included a request for authority to sell their mother’s home if it was in their mother’s best interests. This part of the application was also granted, meaning the daughters have the authority they need to act in their mother’s best interests.

If you are in a similar situation, or know someone who is, and would appreciate some advice as to what to do next, please do not hesitate to contact me for advice.