Lisa Moseley

Lisa Moseley

Chartered Legal Executive, Wills, Trusts and Probate Team

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Sadly, it is not uncommon for us to receive enquiries from family members asking us for help in putting a Power of Attorney in place for a loved one when they have had a stroke, or suffered another medical issue that’s affecting their capacity.

When a person suffers a stroke, this can lead to cognitive, as well as physical problems. This can include difficulties with memory and concentration as well as with mobility. At a time when a person’s focus needs to be on their rehabilitation, they may require assistance in other areas, such as with their financial affairs. In situations like this, it can be extremely useful to have appointed an Attorney who can assist with decision making.

How we can assist in this type of situation will very much depend on the person who has suffered the stroke having the capacity to provide us with quality instructions and also whether creating a Power of Attorney is something that the person wants to do. If there is any uncertainty over capacity, it can be necessary to involve a Doctor or other medical practitioner to ascertain whether the person has the capacity to proceed.

In some cases, the stroke is so severe that giving quality instructions is simply not possible. In those circumstances, we would talk to the family about applying to the Court of Protection to become a Deputy.

We always recommend to clients that they put their affairs into good order and plan ahead for the future by putting a Lasting Power of Attorney in place, both for Property & Financial Affairs and for Health & Welfare. Where a Power of Attorney is not in place we can provide help and assistance to family members with Deputyship applications.