What would happen if you became unable to understand and deal with your business and financial affairs through ill-health or incapacity? How would you know that someone could be appointed to step in and manage your affairs for you? Who is there to protect and promote your financial and social well-being when you cannot care for it yourself?
The answer to these questions and more in England and Wales is likely to be the Court of Protection (CoP) and their administrative arm the Public Guardianship Office (PGO). They are branches of the Ministry of Justice charged with a duty to promote and support decision-making for those who do not have the capacity to make decisions for themselves. All matters are dealt with professionally and total honesty and integrity is guaranteed.
The Court of Protection has the powers of the High Court and can decide whether a person has the mental capacity to make decisions themselves. They will also decide issues concerning financial matters and welfare questions for those who cannot decide for themselves and will usually appoint someone to make ongoing decisions. All hearings are held in private without publicity.
As the Public Guardian the CoP makes decisions based upon what is in the best interests of the person who has lost mental capacity and whom it is representing. There are basically two separate ways of being appointed to administer the affairs of someone without the necessary capacity. The first is by being appointed in an Enduring Power of Attorney or Lasting Power of Attorney which is done when the person appointing (known as the