Controller or Power of Attorney?

kingtom | 22:21 Tue 28th Jul 2009 | Law

3 Answers

In Northern Ireland what is the difference between a Controller and a Power of Attorney? The Controller has been appointed by the Office of Care and Protection to look after the financial affairs of a mentally ill person, but should they not apply for Attorney?

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dzug

Power of Attorney is something granted by the person to whom it applies.

If they have lost capacity, then they cannot grant a Power of Attorney, nor can anyone apply for it on their behalf.

In this event the OCP will appoint a Controller (in England and Wales he would be called a Deputy) to do much the same as the Attorney would. There may well be a greater degree of supervision of his actions.

kingtom

Question Author

Thanks dzug. The person has lost capacity. The Controller stated he was now Power OA. He's wrong.

dzug

Well it's really a question of names and procedures - the end effect is the same

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