Appointing an agent without the client's informed consent
In some situations, an agent may be appointed without the client's consent.
This may be relevant, for example, if the client is mentally incapacitated, or physically incapacitated in a way that prevents them from conveying their consent.
If an agent holds an Enduring Power of Attorney over the client's affairs, the agent is not being appointed without the client's consent as the client has given prior approval.
Agent appointed by a Court Order
In certain circumstances, the Courts may appoint an individual to act on behalf of someone who is incapacitated.
These orders are made under the Protection of Personal and Property Rights Act 1988.
Agent not appointed by a Court Order
While a court order to formalise a person's legal right to act on behalf of a permanently incapacitated person is preferable, you cannot insist that one is obtained.
However, you must be satisfied that the client's representative is acting in the client's best interest.
Temporary incapacity
In exceptional circumstances an agent may be required to act on the client's behalf due to the client being temporarily but totally incapacitated, for example if the client is in a coma and requires support from Work and Income, Senior Services or Housing Assessment.
For more information see:
