An attorney appointed by a registered Enduring Power of Attorney and a Receiver appointed by the Court of Protection, have the power to deal with an individual's financial affairs on their behalf.

Such registration or court appointment gives individuals the power to deal with day-to-day matters, without need for consultation. However, for anything other than routine matters, it is normally necessary to obtain the Court of Protection's consent.

Our Mental Incapacity team can advise attorneys and Receivers on their powers to act generally, and they can deal with and necessary applications to the Court of Protection.

Generally, these are connected to lifetime tax planning and gifts, or the preparation of a court-approved (statutory) will for an individual, either because the individual has not made a will, or because an existing will is not tax-efficient. In either case, the Court will only approve proposals that it believes to be a true reflection of the wishes of the individual concerned.