Over 2 million people in England and Wales lack mental capacity to make their own decisions. This may be as a result of learning disabilities, dementia, stroke or other mental or physical illness. The Mental Capacity Act 2005 (The Act) provides the framework for those who lack capacity to have persons appointed to make decisions for them.
The Court of Protection is the court that has jurisdiction to make decisions and to appoint a person or persons (“Deputies”) to make decisions for those who do not have capacity to make their own decisions. If you would like to decide who should make decisions for you should the time come that you are unable to make decisions for yourself then you should make a Lasting Power of Attorney (LPA). If however you lose capacity without having made a LPA then the Court of Protection has the power to appoint a Deputy. A friend or family member may apply to the Court of Protection for a Deputyship Order. Your Deputy is accountable to the Court in the same way that an Attorney is to the Office of the Public Guardian.
We can guide you through the process of applying to the Court of Protection for a Deputyship Order if a loved one has lost capacity without having made a LPA.
Contact Jonathan Jacobs, Tsyrina Tan, Karin Cox-Putker or Jessica Williams for further information, or to arrange a meeting. In all cases we will give you an indication of the level of costs likely to be involved and details of relevant charging rates.