If you lose mental capacity and have no Lasting Power of Attorney then an application can be made to the Court of Protection to appoint a “Deputy” to make decisions on your behalf.

If a person has lost mental capacity then it is too late to put in place a Lasting Power of Attorney.

The Deputy will usually be a family member or friend who is willing to take on the role. It may be appropriate or necessary to have a professional Deputy, such as a solicitor. Crane and Walton LLP are happy to act as professional Deputies and already do so for numerous clients acting in their best interests and supporting them now and in the future.

The role of Deputy can be an onerous one and is not one to be entered into without the correct advice. Deputies are legally responsible for dealing with the individual’s property and finances and are required to keep detailed financial records. Deputies can only act within the scope of the Order granted by the Court and are required to report to the Court annually as to how that person’s affairs have been managed.

It is important that any Deputies appointed by the Court of Protection seek relevant professional advice to fully guide them on the legal obligations.

We can provide you with our expert knowledge to support you if you are appointed Deputy. If you are seeking a Deputyship Order to help someone who does not have the capacity to make decisions for themselves, we can take you through the process and all of the things to consider.