In situations where individuals are unable to manage their own personal care and welfare or handle their property and financial affairs due to losing mental capacity which can occur with age, illness, or other factors, orders can be obtained through the Family Court to have someone manage a persons needs on their behalf. Care and Welfare Orders and Property Manager Orders can be necessary if someone did not sign a Power of Attorney when they did have capacity to do so.
A Care and Welfare Order is a Court Order appointing, usually the applicant who could be a friend of family member, to make care and welfare decisions on behalf of the person who has lost capacity. These orders are now necessary for anyone entering a rest home who does not have a valid Power of Attorney.
Property Manager Orders, on the other hand, give the applicant the ability to manage the persons financial affairs. It maybe necessary to manage a bank account, pension or sell a house. Again these orders are now necessary for anyone entering a rest home who does not have a valid Power of Attorney.
Our advice to our clients is to ensure that you and your loved ones have valid Power of Attorney in place, these are completed when a person has the mental capacity to do so. However if the situation arises where your loved one does not have the mental capacity to sign a Power of Attorney then we can assist by applying to the Family Court for the right orders to ensure the appropriate person can make decisions on their behalf.
