If you do not have an enduring power of attorney, and become unable to manage your own affairs, one alternative is for your family to apply to the Court of Protection for a Receiver to be appointed to deal with financial affairs on your behalf. The procedure for appointing a Receiver is more time-consuming and complicated than the registration of an enduring power of attorney.

Anyone can be appointed as Receiver, provided they can demonstrate their suitability to the Court of Protection and the person they appoint will often be a relative. However, if there is no family member suitable or willing to be a Receiver, the family may ask a professional such as a solicitor or accountant to take on this role for their relative.

The Court of Protection has to approve and formally appoint the person nominated.

The Receiver is responsible for keeping in contact with the client and their family, consulting over day-to-day needs, and how money should be spent. The receiver is responsible for managing income flow to cater for the client's regular living expenses.

Our Mental Incapacity team regularly advises on the appointment of Receivers and in appropriate circumstances the firm's partners will act as clients' Receivers. We deal with applications to the Court of Protection over lifetime tax planning and gifts, and the preparation of court-approved (statutory) wills.