What the Court of Protection does when you don’t have a Power of Attorney or it goes wrong


Only 7% of the UK population currently has a Power of Attorney in place. The rest of us are running the risk of having to resort to the services of the Court of Protection, if we find ourselves lacking mental capacity and not able to make our own decisions.

Unfortunately, this happens too often. Your relative who seemed, until recently, to just be suffering from a few mild dementia symptoms, is now showing more severe signs. Without a Power of Attorney in place, her family members cannot make decisions on her behalf.

It’s left to the Court of Protection to make decisions on financial and welfare matters for people who can’t make decisions at the time they need to be made. This may be where you end up living, what happens at the end of your life, and who can access your money. This is complex. costly and time-consuming, not to mention harrowing, for everyone involved.

Fiona Heald is a partner in the Court of Protection team at Moore Blatch Solicitors. She looks after the interests of vulnerable people and where appropriate their carers, helping them deal with the issues that arise in later life.

She joins me on this episode of The Retirement Café Podcast to explain what happens to your money and your welfare if you don’t have a Power of Attorney. She also discusses how the Court of Protection can help when a Power of Attorney is misused.

Tune in to hear Fiona’s fascinating account of the Court of Protection’s role on episode 022 of The Retirement Café Podcast. Click here to listen to Fiona’s first interview all about Lasting Powers of Attorney.


Useful links

Moore Blatch Solicitors

Email Fiona Heald

The Court of Protection website

Power of Attorney Government website


Listen and Subscribe today



Subscribe to the podcast to never miss an episode. Click the ‘Subscribe to podcast’ button on the podcast player above or subscribe on your preferred podcast player.

Enjoyed this episode? Please write a review on iTunes