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Receivership


If you do not have an enduring power of attorney, and become unable to manage your affairs, the alternative is for your family to apply to the Court of Protection for a receiver to be appointed to deal with financial affairs on your behalf.

Anyone can be appointed as Receiver, provided they can demonstrate their suitability to the Court of Protection. The person appointed by them will often be one of their relatives. However there may be no suitable family member willing to be a Receiver or the family may decide to ask a professional, such as a solicitor or accountant to become the Receiver.

The Court of Protection has to approve the person and make the formal appointment. The procedure for appointing a receiver is more time-consuming and complicated than the registration of an enduring power of attorney.

The Receiver is responsible for keeping in contact with the client and his family, consulting him about his day-to-day needs, and how his money should be spent. He must manage the income flow at an appropriate level to cater for the client's regular living expenses.

 

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