How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 1893
Experience:  Dual qualified Solicitor and Attorney
65242892
Type Your Law Question Here...
Jeremy Aldermartin is online now

Can you get Power of Attorneys for health and welfare and

This answer was rated:

Can you get Power of Attorneys for health and welfare and financial if the person is deemed not to have the capacity to sign one?
Assistant: Where are you? It matters because laws vary by location.
Customer: I live near Swindon
Assistant: What steps have you taken so far?
Customer: My Brother has got the two power of Attorneys but ones that need to be signed by my Mother.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you.

Hi thank you for your message, yes you can. In order to do this, you would need to make an application to court for them to make a decision to award you power of attorney. You need to download and fill in:

an application form (COP1) - https://www.gov.uk/government/publications/apply-to-make-decisions-on-someones-behalf-form-cop1

an assessment of capacity form (COP3) - https://www.gov.uk/government/publications/make-a-report-on-someones-capacity-to-make-decisions-form-cop3

a deputy’s declaration (COP4) - https://www.gov.uk/government/publications/apply-to-become-someones-deputy-make-a-declaration-form-cop4

an information form (COP1A) if you’re applying to be a property and affairs deputy - https://www.gov.uk/government/publications/apply-to-make-decisions-on-someones-behalf-property-and-finance-form-cop1a

an information form (COP1B) if you’re applying to be a personal welfare deputy - https://www.gov.uk/government/publications/apply-to-make-decisions-on-someones-behalf-personal-welfare-form-cop1b

You must name at least 3 people in your application who know the person you’re applying to be deputy for. For example, their relatives, a social worker or doctor.

Send the originals to the Court of Protection with:

2 copies of your application form

1 copy of the other forms

A cheque for the fees

Send the forms too:

Court of Protection

PO Box 70185

First Avenue House

42-49 High Holborn

London

WC1A 9JA

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Jeremy Aldermartin and other Law Specialists are ready to help you