When a person is deemed as lacking mental capacity, the Court of Protection step in and deal with any issues arising with that person’s decisions on their behalf.
– deciding whether someone has the mental capacity to make a particular decision for themselves
– appointing deputies to make ongoing decisions for people who lack mental capacity
– giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity
– handling urgent or emergency applications where a decision must be made on behalf of someone else without delay
– making decisions about a lasting power of attorney or enduring power of attorney and considering any objections to their registration
– considering applications to make statutory wills or gifts
– making decisions about when someone can be deprived of their liberty under the Mental Capacity Act
When someone is deemed as lacking the mental capacity to make decisions for themselves and there is no lasting power of attorney in place, the court of protection will appoint a deputy to make those decisions.
There are two different types of deputies –
– A property and affairs deputy can manage bank accounts on someone’s behalf, pay their care fees or pay their household bills, etc. They can also buy or sell a property for the person to live in.
– A personal welfare deputy can make decisions about where the person lives, the care they receive and some decisions about medical treatment.
You can be a deputy if you are aged 18 or over, don’t have a criminal record and are not declared bankrupt. It’s usually the relatives of the person that lacks capacity who become deputies. Two or more people can be appointed to be deputies on someone’s behalf if they act in a joint manner.
Making a Lasting Power of Attorney (LPA) is different because LPAs are appointed by the person they will be making decisions for, before they lose mental capacity. That person must be able to understand the powers they’re giving to the LPA at the time they appoint them.
If someone already lacks mental capacity, they can’t make an LPA. Instead, a loved one would need to make an application to the Court of Protection for a deputy to be appointed. This process usually takes between 4-6 months to be put in place.
Here at Kirsty’s Law our professional team are ready and waiting to help you with any queries you may have and to help you through the process of applying to The Court of Protection.