Court of Protection and Deputyships
If your loved one loses mental capacity and is unable to manage their property and affairs themselves and do not have a Lasting Power of Attorney in place then an application may need to be made to the Court of Protection for an appropriate person to be appointed as a Deputy to deal with that individual’s affairs for them.
A Deputy is appointed by the Court of Protection to make decisions on behalf of another person who lacks mental capacity to make those decisions for themselves. The Deputy will be able to access the person’s bank accounts, sell their property etc. Deputies may be a family member(s), a friend(s) or a professional, such as a solicitor who will act on behalf of the person lacking capacity.
The Deputy has to adhere to the Mental Capacity Act 2005. This act is designed to protect the individual who can not make the decisions themselves. The act’s purpose is to allow adults to make as many decisions as they can for themselves and for a deputy or others to make decisions on their behalf if they are unable to do so.
If you have any questions or queries with regards to the above and want to know the costs involved, please contact our Wills and Probate Department and we will be able to help you further. Please call 01937 832371 or you can email legal@bjhsolicitors.co.uk.