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Wills, Estates & Trusts

Loss of Mental Capacity

As you grow older, you may become concerned about how your affairs will be managed if you lose your mental capacity. You may also worry about how decisions will be made about your physical and medical care. Your family members may also want to ensure that some advance planning is done to put in place appropriate documentation to help them make decisions about you or your property when you can’t.

Powers of attorney are the legal documents which appoint someone else to look after you and your property when you become unable to do it yourself. Many of our clients, young and old, have powers of attorney in place ready to be called on in the event of a loss of capacity.

In some cases, it may be too late to enter into a power of attorney if the person has already lost mental capacity. In that case, there are options available to become appointed as an attorney by a Court application. We regularly assist clients with these applications when their loved one becomes incapacitated and decisions need to be made about their care or their property.

Our specialist powers of attorney teams are led by Simon Dominick, Dennis McBrearty and Richard Ayton. Our Court-appointment specialist is Graham Day. Contact one of them to discuss your situation.

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9 April 2020

When tackling this tricky topic we must always remember that there are two sides to all leases: