Q: My father has been diagnosed with aggressive Alzheimers Disease and my mum is struggling to cope with their finances as she has not dealt with them before. They never made any Powers of Attorney or Lasting Powers of Attorney and my friend says Social Services will have to deal with matters – is this correct?

April 10, 2018, By

A: Although it is wise to make a Lasting Power of Attorney when you have full mental capacity so that if capacity is lost (such as in your father’s case it seems) there is someone appointed to look after their financial and property affairs and also now may be allowed to deal with Health & Welfare issues as well.

However, all is not lost and your friend is not correct in saying Social Services will have to deal with matters. Any person of full age and capacity can apply to the Court of Protection to become what is called a Deputy to manage the affairs of another person in such circumstances.  In a family, like yours, it would be sensible for perhaps you or another sibling to consider applying to the Court of Protection, particularly because it sounds as if your mother may struggle anyway.  I am sure if the family discuss it, an agreement can be reached as to what is best for your father – which is the important factor.  Speak to your solicitor for further advice and help.