There are no two ways about it; making sure that our wishes are upheld when we come to the end of this life is a real challenge.   But it would be nice to be sure that one has a final opportunity to ensure that our wishes are upheld. A Will works well at that point but what if life’s circumstances change suddenly tomorrow or so gradually that we done even notice?  Who will make decisions about your care and how it is paid for?
 
It’s not something we really think about but it is possible that one day we may not have the mental capacity to manage our own financial affairs.  More and more people are living into their 90s and beyond these days, but things can change so very suddenly whatever your age group.  One can change from being really active and self-sufficient, to suddenly being completely physically or mentally dependent overnight.
 
In issue 95 we looked at Power of Attorney which can be sorted in preparation for a time when your capacity to control your own affairs becomes too much for you, although if that time comes before you have given that power to someone you trust, your family would be called on to assume Deputyship. But whereas you, being of sound mind, can give someone Power of Attorney they would have no choice but to take on Deputyship for you in the event that you lose the ability to make decisions for yourself.   
 
These scenarios will only affect what happens while it is thought that you have limited capacity to act for yourself and can have one real affect on any Will that you have made: the amount of money available when that Will comes into play.  
 
But taking on deputyship is more complicated.  The Deputy/s would have to arrange for annual accounts to be produced and if a member of your family is not willing or able to take on the responsibility, the local council will hand the task to an appointed solicitor who will work on your behalf, but also make a substantial administration charge before he arranges for the production of those equally expensive annual accounts. Application forms are available online for Power of attorney from the office of the Public Guardian, tel: 0300 456 0300; and Deputyship from the Court of Protection, tel: 0300 456 4600.  You can telephone either agency to have the necessary forms sent to you or they can be completed on line, but they then have to be printed, witnessed and sent with signatures to the respective agencies.  There is lots of advice about how to complete both sets of forms and these two government agencies have telephone representatives who are very helpful. Power of Attorney can be a relatively easy form to complete and at present, excluding any solicitor’s fees, it costs up to £220.00.  But a solicitor’s help is much more likely to be needed when applying for Deputyship.  Deputyship carries an initial fee of £400.00 and involves some ongoing annual payments.