What happens if a person loses the capacity to manage their finances or make health and welfare decisions (or both) and they do not have a Lasting Power Attorney (LPA)?
It is not possible for someone to appoint an attorney after they become mentally incapable of doing so. However, the Court of Protection can appoint one or more people to act as their deputy.
A person can either have different deputies who deal with their health and welfare and property and affairs or, in some cases, the same person (or people) may be appointed to act in both roles.
Who can be a deputy?
A deputy must be aged 18 years or over. They are usually friends, relatives or carers of the person whom they are assisting.
However, it is also possible to appoint a professional deputy e.g. an accountant or solicitor, to act as a deputy. Alternatively, a person can have both professional and non-professional deputies, if that is in their best interests.
Do deputies have to agree about decisions?
Deputies should be able to work together, so it is important that the right people are appointed as deputies and that they also understand their role and duties.
They can either be appointed to act jointly, where they have to both agree about any decisions that they are required to make.
They can also be appointed to act jointly and severally. This means they can either make decisions on their own or together. That can be useful if decisions need to be made in one deputy’s absence, for example, if they are on holiday.
There are court and other fees usually need to be paid when applying for deputyship and an application procedure.
Members of our specialist Court of Protection Team act as deputies and they can also you about the deputyship process.
If you would arrange like a free initial 30 minute telephone consultation, please contact 01202 786152.
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