If a person has the mental capacity to make a Lasting Power of Attorney (LPA), then they can appoint another person to make certain decisions on their behalf, however if a person no longer has the mental capacity to make an LPA, for someone else to make decisions on their behalf, then that other person should apply to the Court of Protection to be appointed as their Deputy. More than one Deputy may be appointed to act for a person.
If the application is successful, the Court of Protection will make a Deputy order authorising the Deputy to take certain decisions and actions on behalf of the person who lacks capacity. A Deputy is accountable to the Court and every year, a report of accounts must be provided to the court informing them of the decisions made on behalf of the person who lacks capacity. A deputy is responsible for looking after the Property and Financial Affairs, and Health and Welfare of an individual who has lost Mental Capacity.
It is more time consuming and very expensive to make a Deputyship application. For these reasons, a person should always consider making an LPA while they have the mental capacity to do so. A person can lose capacity quickly or unexpectedly and if this happens they will not be able to choose their Deputy or place their own limits upon the kind of decisions their Deputy may make.
- Lasting Powers of Attorney
- Deprivation of Liberty Issues
- Mental Capacity
- Mental Health
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