ADULTS WITH INCAPACITY

Sometimes adults cannot make decisions for themselves and lose legal capacity. The law in this area is complex, we are here to help.

Guardianship Orders
If an adult is unable to make key decisions or take necessary actions to safeguard their own interests then you can apply to the court to be appointed as the adult’s guardian.
You can apply to be either a welfare of financial guardian or both.
As a guardian you can make the decisions about where the adult should live, about their personal and medical care and about aspects of their finances. There is a specialised procedure for applying for this appointment and we can provide you with advice and represent your interests from start to finish.

Power of Attorney

If you want to make provision for who can make decisions about your welfare and finances in the circumstances where you no longer had the capacity to do so, then you must apply for a Power of Attorney.
You can appoint one or more people to be either your welfare and/or financial power of attorney. This will ensure that you are comfortable in the knowledge that if this circumstance arose then someone you trust would be making decisions for you on your behalf.
If the circumstance arose that you no longer had capacity and this document was not in place then a guardianship order would require to be sought prior to anyone being able to make decisions for you.