What happens if those you care about becomes incapable of looking after their own affairs and have not chosen an Attorney?

Under the Adults with Incapacity Act which came into force in 2001 it is possible to apply through the courts or to the Office of the Public Guardian for certain powers

EVERY DAY EXPENSES

It is possible to apply to the Office of the Public Guardian without involving the courts to gain access to the funds of an adult to pay for the everyday expenses of the adult. This provision would usually be used by the relatives or carers of an adult and only applies where the funds are held in regular bank or building society accounts. It cannot be used to access investments such as Tessa's and Isa's, etc. and an application would have to be made to court to do so.

WIDER POWERS

For wider powers it will be necessary to apply through the courts for an Intervention and/or Guardianship Orders –

It is possible to apply to Court via an Intervention Order or Guardianship Order to deal with both financial, property and welfare matters of an incapacitated adult.

An Intervention Order may be appropriate where a one-off decision would be required, (e.g. the selling of a house). This provision can also be used in conjunction with an application for access to funds.

A Guardianship Order may be appropriate to deal with ongoing financial, property and welfare affairs of a continuing nature.