Elderly and Vulnerable Care

If someone becomes incapacitated or loses mental capacity it becomes necessary to appoint someone else to manage their affairs.

Thomas Montgomery & Son advise clients on the future management of their affairs and where necessary draft the documentation required to implement the client's wishes.

This can include:

  1. Short Form Power of Attorney
  2. Enduring Power of Attorney
  3. Ward of Court

1. Short Form Power of Attorney

A Short Form Power of Attorney is a document executed by someone (the Donor) giving authority to another person(s) (the Attorney(s)) to act for them in certain matters. A Short Form Power of Attorney can be a general or specific authority and can include the power to withdraw money from the Donors bank account or to buy or sell property on behalf of the Donor. A Short Form Power of Attorney is an authority that can be appropriate where someone is physically incapacitated or out of the country for an extended period of time.

The Donor decides the exact extent of the authority. A power of attorney is automatically revoked if a Donor loses mental capacity, dies, marries or becomes bankrupt.

2. Enduring Power of Attorney

An Enduring Power of Attorney (EPA) is a document executed by someone (the Donor) who has mental capacity but wishes to nominate a person(s) they know (the Attorney(s)) to look after their affairs if in the future they lose mental capacity. A Donor can grant full or limited authority to an Attorney(s) to look after the Donor's affairs. A Donor can include restrictions or conditions in an EPA. A Donor can cancel an EPA at any time prior to losing mental capacity.

3. Ward of Court

Where someone loses mental capacity but has not executed an EPA it is possible for a 3rd party, usually a family member or close friend, to make application to the High Court to have that person declared a Ward of Court.

In such circumstance the High Court orders the appointment of a Committee to look after the affairs of the Ward. It is usual for the Committee to consist of the 3rd party who made the Ward of Court application. A Committee is directly accountable to the High Court for the correct management of the estate of the Ward of Court.