When a Will is simply not enough – heard about the Court of Protection?
No? Neither had Heather Bateman until in September 2003 when husband
Michael walked across a country road in Norfolk and was hit by a car.
‘He fell to the ground and never stood up or spoke a word again’ – said
Mrs Bateman.
The good news was the Bateman’s had written their Wills and both their
names were on the deeds of the property they shared in London. The bad
news was they had separate bank accounts and most of the bills were paid
from Michael’s account as the main breadwinner. During the weeks and
months that followed Heather desperately needed to access the account to
pay household bills and children’s university fees. Advice from the
bank was “get the right forms from a solicitor” – which also required
her husband’s signature, not possible when he was in a coma. Heather
needed help from the Court of Protection, what she got was three years
of pain and misery.
The Court of Protection is set up to protect the vulnerable by making
decisions for people who are unable to do so for themselves. It can
appoint a deputy (a relative, a stranger or an organisation) to make
decisions about a person’s property, financial affairs, health and
personal welfare.
Average time the Court takes to process an application for deputyship
is 8-12 months. Costs average around £4,510 for the first year
(application, medical assessment, representation at any court hearing,
etc.) and could be up to around £2,000 in subsequent years (annual court
supervision fee, preparing annual accounts, etc.).
Heather applied to become her husband’s Receiver – to act on his behalf
in carrying out everyday financial matters. This involved filling out
forms and keeping records detailing every decision made, including
justifying the way their own money was being spent (including providing
formal notice to their children). Failing to do so would mean losing the
right to be the Receiver and the consequences “An unknown person could
step in and take over our accounts and the running of our lives”.
Heather Bateman contemplates “The unwieldy organisation stepped into my
life and took away my adult independence. We are advised to take out
this and that insurance, but hardly anybody tells us to take out Power
of Attorney – yet in a case like ours, this is the only way to avoid the
Court of Protection”.
Most people when they know the facts agree that setting up a Lasting
Power of Attorney (LPA) is a common sense precaution, but few take
action… Don’t be one of them!
So how do you make an LPA?
Option 1:
You can download and fill in necessary forms for
yourself, however if there are complications (incorrect details or
mistakes detailing often complex financial arrangements) and your
application is returned, you will lose your fee and have to pay again
when submitting a new form.
Option 2:
Direct.gov pages advice is “you may want to get legal advice”
DO YOU HAVE ANY QUESTIONS ABOUT LASTING POWERS OF ATTORNEY? Ask us using the form below call Affinity FREE on 0800 0921 604 (opt. 1).
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