Court of Protection & Powers of Attorney

Losing mental capacity and being unable to make our own decisions is something we all hope won’t happen to us. But for many people, it will – either through ageing, illness, or something unexpected like a car accident.

Much as we hope it won’t happen, few of us would want important decisions to be taken on our behalf by just anybody. But if we were no longer able to speak, or paralysed, or in a coma, we’d have no way of expressing our wishes over any aspect of our lives.

Fortunately, the law recognises this and allows us to make provision in advance, just in case.

If you become physically frail, for instance, but still have your mental faculties and independence, you can make a Lasting Power Of Attorney under which you appoint someone to help you manage your property and financial affairs by carrying out your wishes.

And even if you begin to lose your mental capacity, the attorney you appoint must try to involve you in the decision-making process and ascertain your wishes.

In the unfortunate event that you do become unable to make your own decisions, even with help, taking the precaution of making a Health And Welfare Lasting Power Of Attorney now would mean that your attorney could decide everything from where you live to what you wear and what you eat, and even whether you should be resuscitated, in certain circumstances.

If you don’t grant a Lasting Power Of Attorney but become incapacitated anyway, the Court Of Protection could be asked to appoint someone to represent your interests and either help you carry out your wishes or, if you become mentally incapable of making decisions, to make them on your behalf. We can help your family and loved ones with that, too.

And if you want to decide what medical treatment you should or shouldn’t have towards the end of your life, or following a catastrophic accident or illness, perhaps, you might want to make an Advance Decision (formerly known as a Living Will) to make your wishes clear.

These are sensitive subjects that require a lot of thought as well as a thorough understanding of the legal implications and consequences.

We at Nash & Co have vast experience in this field and will be happy to help you reach what could prove to be one of the most important decisions of your life.

To find out more about how we can help you, give us a call now on 01752 664444 or e-mail us at

01752 827047