County Council Wrests Control of Dementia Sufferer's Estate

When a person loses their ability to function intellectually, dealing with their affairs can be extremely difficult unless there is a power of attorney in place.

In a recent instance, a local council went to court to obtain permission to sell assets belonging to a dementia sufferer whose care costs exceed his income by some £14,000 annually.

A member of the man’s family was living rent free in his house, which prevented it from being rented out so as to create an income stream or sold in order to provide a lump sum, either of which would provide sufficient funding to cover the cost of the man’s care and pay off his liabilities.

The council sought possession of the property and to be appointed as the man’s legal guardian.

The man’s son opposed the application, which was nonetheless granted by the court.

A Lasting Power of Attorney (LPA) will allow a family member or trusted friend to administer your affairs in accordance with your wishes should you no longer be able to do so yourself. Having a power of attorney in place has many advantages for the family. Without one, handling what are usually trivial administrative matters on behalf of someone who is no longer competent to do so can take a long time and may even necessitate expensive court proceedings.

LPAs are simple and inexpensive to create. For details of how they work and the rights and responsibilities of the person granting the power and the attorney(s), contact us.
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Chris Taylor
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The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.