If an individual does not have a Lasting Power of Attorney in place and they no longer have mental capacity, then as matters currently stand, no one can legally make decisions for that person or manage their financial affairs if they are no longer able to do this for themselves.
The only option is to apply to the Court of Protection. The Court has the authority to appoint someone, such as a relative, friend or solicitor, who is known as a ‘Deputy’ to make decisions for the person who lacks capacity. There are two types of Deputyships:
Responsibility of a Deputy
A Deputy must:
- Ensure that every decision is in the person’s best interest;
- Consider what the individual would have done in the past;
- Apply a high standard of care by involving others such as professionals when appropriate and have the relevant skill and commitment to carry out the role
- Do everything they can to help the person understand the decision
- Document their decision making and keep a log for accounting purposes.
Making a Deputyship Application is not straightforward and is a lengthy process. You should seek professional legal advice before making such an application.
Williamsons will guide you through the process and will complete all forms for you. Additionally, Williamsons can act as a professional Deputy if required.W