Court of Protection
If you have not made an LPA and you lose mental capacity then someone on your behalf will have to apply to the Court of Protection to be appointed as you deputy. The procedure is more time consuming and expensive and therefore we strongly advise that you make LPAs before you lose mental capacity. An LPA cannot authorise attorneys to make gifts and Wills on your behalf so if your family need to undertake inheritance tax planning then our private client team can help them apply to the Court for a statutory Will or for permission to make gifts including making trusts.
If you need more information or advice from our Wills & Probate team please contact us.
Our specialist team have also answered a number of commonly asked questions within the below factsheet: