If, as occasionally happens, there is disagreement as to the way a person is using a Power of Attorney, it may be useful to have a solicitor act to resolve the disagreement. Someone who can look at the situation as a confidential unbiased observer can often calm the situation and then together all parties can progress forward in an agreed manner. If no agreement has been reached then an application to the Court of Protection needs to be made, for the Court to settle the dispute by making an Order or Direction. In this event, Jonathan is experienced in acting for the person making the application to the Court.
Jonathan’s training and experience of Elderly Client care makes him the ideal chaperone to important meetings and visits. Before the meeting, Jonathan will establish how you feel, what you want to say and the outcome you are seeking. You may wish to make use of his expertise in this field and put your questions and worries to him either in person, by phone or letter if it is easier for you to set them out in writing prior to the meeting. If you wish to travel with Jonathan, Once at the meeting, Jonathan will prompt and question where necessary, being mindful of what you have previously discussed together. Afterwards, it may help you for Jonathan to précis what has been said and explore the options available to you.
No matter what the circumstances, talking something over with an unbiased person who can help with an overview of the situation, can clarify the mind and make decision reaching easier and definite. In this way, with a decision made, you are able to move forward along a decide.
It may be necessary to obtain a Court of Protection Order, if for example a close family member's mental heaalth has suddenly deteriorated and there is no Enduring Power or Lasting Power available. Even though there is the word ‘Court’ in the title, it is purely an administrative procedure through the post and is usually dealt with on your behalf by a solicitor experienced in these matters.
- Appointment of a deputy
Enduring Powers have now been superseded by Lasting Powers, but many are held and are still valid. In the event of it being needed, the Enduring Power must be registered at that point. Many choose to have this done by a solicitor who can obtain proof of Registration and be on hand to explain and assist with matters arising from the necessity of using this Power.
