Should I make a Continuing Power of Attorney for Property?
Doing this lets you choose who manages your property if you no longer can. Without this type of power of attorney, if you become mentally incapable of managing property, someone may:
- go to court and ask to become your Guardian of Property
- ask a government agency that pays you benefits to let them manage that income for you, such as pensions or income support.
Or the Office of the Public Guardian and Trustee (OPGT) may manage your property if you’re found mentally incapable after:
- a capacity assessment, or
- a doctor’s assessment in a psychiatric facility.
Your spouse, partner, or relative can apply to the OPGT to replace them.
Sometimes, you might still be mentally capable of making a power of attorney.
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