If someone becomes incapacitated and is unable to conduct matters themselves and no power of attorney is in place then the only course of action is for an application to be made to the Court of Protection for the appointment of a Receiver. A Receiver would also have to be appointed and may be required to manage a substantial award of damages arising from any legal action taken. In these circumstances it is sometimes more sensible for the Receiver to be a professional rather than a family member.
McMillan Williams have a dedicated Court of Protection/ Receivership department.
Please contact our team for further information on 020 8432 2041 |