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Continuing Power of Attorney for Property

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What if I do not have a Continuing Power of Attorney for Property?

If you have not made a Continuing Power of Attorney for Property, and you become mentally incapable of managing your property, one of the following things could happen:

  • Some of your property, such as pensions and social benefits, could be managed informally by friends or relatives.
  • Someone could go to court and ask to be appointed to formally manage your property as your "Guardian of Property".
  • TThe Office of the Public Guardian and Trustee could be appointed to manage your property. This is called a "statutory guardianship". In this case, a close relative can apply to the Public Guardian and Trustee to take over the formal management of your property.

Making a Continuing Power of Attorney for Property lets you choose a person you trust to protect your property and interests if the need arises.