It's some months now since a friend mentioned the Court of Protection to me and it took this article to bring our conversation back to mind.These people can indeed take control of a family member's affairs should they suffer from Alzheimers or some other mental impairment.
The first Court of Protection was set up by labour's 2005 Mental Incapacity Act, which for the first time formalised the arrangement for dealing with the assets and care of people suffering from dementia and other similar illnesses.
The worrying factor is that, unless the person has already made a living Will before any sign of their disability, the state can now walk in and take over plus charge exorbitant fees for doing so. All court hearings are completely private.
The government are now back-pedaling after an extraordinary 3,000 complaints in the systems first 18 months of operation and state the following:
The Government now says everyone should establish a lasting power of attorney to state who should look after their affairs should they become incapacitated - although most people will be utterly unaware of this advice.
Only 60,000 people in Britain have registered these 'living wills' with the authorities, and the problems begin when someone is suddenly, unexpectedly mentally impaired.
Without this document, relatives must apply to the courts and the anonymous OPG, part of the Ministry of Justice based in an office block in Birmingham, is required to look into the background of carers to decide if they are fit to run the ill or elderly person's affairs.
I know what my priority is this week and if you haven't guessed, then it's to nominate a lasting power of attorney. Whether this applies in Scotland or not isn't stated in the article, but I'd rather ensure my family are on the safe side and are not involved with this Court of Protection in any way. Do remember, it's not only the elderly who can suffer from mental impairment.
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