Loss of mental capacity – how to protect yourself against state intervention

If a person loses their mental capacity, it can be a great relief to their loved ones if they have made arrangements for family members to look after them – by means of a legally valid lasting power of attorney.

The loss of a person’s mental capacity is a terrible thing. It can affect anyone; younger adults as well as older people. In the worst case, wouldn’t you like to be able to rely on family members to help you? With this is mind, it is advisable to draw up a legally binding lasting power of attorney sooner rather than later.

In everyday matters, family members and relatives can represent the interests of a person who is unable to exercise sound judgement. However, if no lasting power of attorney exists, the relatives’ hands are quickly tied. The Child and Adult Protection Authority (KESB) will “automatically” provide the incapacitated person with official assistance. This encompasses all tasks that go beyond the day-to-day needs of the person whose mental capacity is impaired.

Most frequently, this official assistance involves overseeing the management of assets and property as well as ensuring the continued existence of the incapacitated person’s company, if applicable. Only a lasting power of attorney gives you the freedom to appoint one or more trusted persons to look after your interests if you are no longer able to do so.

In contrast to a “living will”, a lasting power of attorney covers your financial and legal affairs. We have compiled all the relevant information and forms for you in our “Pension Set”. Due to the legal implications, strict formal requirements must be observed when drafting the necessary documents. The KESB will check the legally binding nature of the lasting power of attorney in the event of a loss of mental capacity. Their goal is to protect you from abuse. And this is also our goal.
Our pension package ensures that your will will be upheld even if you suffer a loss of mental capacity. We will work through the necessary documents together with you – at your request we will enforce your will on your behalf in an emergency. Our high degree of availability as well as our legal and financial expertise speak for our professional pension solution. Some clients have already chosen to rely on us to safeguard their interests should they suffer a loss of mental capacity due to an illness or accident.

We would be glad to do the same for you. Talk to us about our Pension Set today.