Should I make a power of attorney?
Doing this lets you choose someone you trust to look after your property. No one can force you to make a power of attorney.
If you do not have a power of attorney
If you become mentally incapable and do not have a power of attorney, certain things can happen.
You might be able to make a power of attorney
Even if you are not capable of managing your property, you may be capable of making a power of attorney.
For example, you may not remember how much your rent is. But you know that you have to pay rent each month. And you want your child to pay it from your bank account.
A guardian might manage your property
A person or the Office of the Public Guardian and Trustee (OPGT) could go to court and ask to be your Guardian of Property. This means that they would manage your property.
Someone could arrange to have you assessed by a capacity assessor. Or, if you are a patient in a psychiatric facility, a doctor might assess you.
If they find you incapable, the OPGT becomes your Statutory Guardian and makes decisions about your property.
If this happens, your spouse, partner, or relative can apply to the OPGT to replace them and manage your property instead. They must send a plan for how they will do this.
Someone might manage your government income
It might be possible for someone to ask the source of your government income if they can manage it for you. This could be income from pensions, income support, and certain benefits.
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