When a person lacking mental capacity has not appointed an attorney the appointment of a deputy may be required.
This would involve an application to the Court of Protection.
The Court of Protection is the judicial body responsible for making decisions relating to the management of finances and other affairs of those individuals who lack the mental capacity to do so themselves.
The Court will look at a range of factors when deciding who to appoint and will usually appoint a professional, such as a solicitor, to act as a deputy where there is nobody willing or able to act on behalf of the person lacking capacity.
If a person has the capacity to make a lasting power of attorney then they will not require a deputy and we can advise about this.
We can assist with:
- applications by family members or others to be appointed as a deputy;
- assisting deputies with specific legal issues, court applications or general financial management; and
- deputy disputes and the appointment of independent deputies.