Is a Declaration of Incapacity Permanent?

December 6, 2013 Hull & Hull LLP Estate & Trust Tags: 0 Comments

 A "Guardian of Property" is someone who is appointed to manage the financial affairs of a person who is mentally incapable of doing so for themselves.   A Guardian may be appointed by the Office of the Public Guardian and Trustee or by the court.   A person is mentally incapable of managing property if they cannot understand the relevant information or appreciate what may happen as a result of decisions they make, or do not make, about their finances. 

But what happens if their capacity changes?  

In some circumstances, a person who was once found to be incapable by a court may later be found capable, if their condition changes.  Research suggests that in the future, treatments for conditions such as Alzheimer’s may improve.  A study suggests that our brains eliminate the “gunk” that builds up when we are awake, which could be important to the treatment of Alzheimer’s and other disorders.  The medical director of the Stanford Sleep Center stated that in the treatment of people with dementia and other mind disorders, “sleep would perhaps be even more important in slowing the progression of further damage.” 

In the case of a person who was found to be incapable by the court, a declaration could be sought that they are no longer incapable and their Guardian could be removed. 

 Have a great weekend!

Holly LeValliant

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