A leading Wirral law firm has seen a huge surge in the number of people wanting to prevent the controversial Court of Protection from handling their assets.

Dozens of elderly people supported by their children have asked Kirwans to produce Lasting Powers of Attorney, the legal document which ensures that a family does not lose control over assets of a loved one should they become mentally incapacitated.

In the first five months of this year, the firm has handled more than 50 compared to just five in the same period last year – an increase of 1000 per cent - and demand is on course to be even greater in the second half of this year.

 

John-Paul Dennis, a solicitor in the Kirwans’ Wills and Estates team, said: “This is about putting your affairs in order. A substantial number of people – although still a minority – make a Will ensuring things run smoothly upon their death. But until recently only a small number of people gave consideration to what would happen in the event of them becoming mentally incapacitated.

 

“Without an LPA in place, you could find decisions being taken on your behalf by a distant family member or, worse still, the local authority or Official Solicitor. An LPA ensures you choose who is empowered to make vital welfare decisions on your behalf such as what you should eat and drink, medical treatment and even the clothes you should wear.”

 

Without an LPA in place – something which will cost in the region of £300 – relatives would be forced to apply for a Deputyship Order from the Court of Protection in order to be granted the same authority, but this process can end up costing more than £2,000.

 

John Paul added: “Putting an LPA in place does not mean you lose control of your own affairs, but it does ensure that should you become mentally incapacitated, financial decisions can be made on your behalf without needing permission from the Court of Protection every time you want a new TV, holiday or any one-off expenditure for your welfare.”