In the event than an adult loses their legal capacity to make their own decisions due to an accident, illness, injury, mental illness or age related illness, a guardian may be appointed as a substitute decision make and/or a manager to make such decisions. This can include financial, lifestyle and health related decisions and is similar to the powers given under an Enduring Power of Attorney. However, because of their legal disability it is not possible for such a person to appoint an attorney themselves because they cannot understand the nature and consequences of what they are doing.
The appointment of a substitute decision maker and/or manager is a legal process made in accordance with the principals set out in Section 5 of the Guardianship and Management of Property Act 1991. A manager makes financial and property decisions and a guardian makes life-style and health related decisions.
How can we help?
If you have concerns regarding a close relative or friend who appears to have such a legal disability, we can offer assistance in advising you of the procedures required for the appointment of a guardian. Michelle Smee E:
Kim Twohill E: