Have you have found yourself in a position of needing to make decisions for someone who has lost their mental capacity and there’s no Enduring Power of Attorney?
If so you would have needed to apply for what is called a Mental Health Receivership.
An application can be made to the Court. The person applying for the Receivership is referred to as the ‘Receiver’ and the individual who has lost mental capacity is referred to as the ‘Patient’. A Receiver can make decisions about someone’s personal welfare, property and financial affairs
The Receiver is usually a family member or someone who knows the person well. However, should any close family members feel that they are not up to taking on such appointment, the Court can appoint a professional to act.
One of the benefits of having a professional such as an advocate, be appointed as a Receiver is that they are often better equipped to handle the requirements that come with the appointment. As a Receiver you not only act on behalf of the patient but also the Court. This means showing that you have acted in the best interests of the person who has lost their mental capacity as well as having to supply a series of financial statements to the Courts.
We understand that it is not easy when a family member loses mental capacity. Should you or any family members feel as though you are not up to the appointment, MannBenham are here to act in your stead. Our expert private client team are here for you to talk through what you need, with years of experience and knowledge including specialists in the field of mental capacity, particularly with respect to Enduring Powers of Attorney and receivership matters.
Mental Health Receivership | What we do
We are here for you to talk through what you need, with years of experience and knowledge. Should you wish for some advice or just to understand your options, please feel free to speak with one of our Private Client Team on +44 (0)1624 639350 or email them at [email protected] to arrange your free initial consultation.
Mental Health Receivership | Key Contact
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