Management of a Resident’s Affairs (Part One)

Originally published May 2004

Questions often arise when a resident is unable or incapable of managing their own affairs.

There are a number of limited possibilities that may assist in such circumstances. Which is available or appropriate will depend upon the circumstances of the case and whether the resident has capacity.

The alternatives are:

1. The appointment of an attorney.
2. The use of an enduring power of attorney.
3. The appointment of a receiver.

The government has proposed a change to the law in this area via the Mental Incapacity Bill. However this is likely to be some way off as the bill has not even started its progress through Parliament.

In this briefing we will explain the procedure for the appointment of a receiver. A subsequent briefing will address issues relating to a power of attorney and an enduring power of attorney.