Nobody likes to think of a time when they are unable to make decisions for themselves. Unfortunately, however, we can never predict what the future holds for us!
Sadly, there are many instances where a person’s ability to make decisions for themselves can occur, typical examples being as a result of an accident, a stroke or dementia/Alzheimer’s.
If there is no valid Lasting Power of Attorney, an application can be made to the Court of Protection for the Court to sanction your appointment to make decisions on behalf of that person. This person is called a ‘Deputy’.
Barker Booth & Eastwood is experienced in advising loved ones on this process and can prepare all the relevant documentation and submit the application on your behalf.
The Court will then sanction the appointment of a nominated person(s) to make decisions for the person who has lost capacity
The Deputy is then legally responsible for dealing with the person’s property and financial affairs and it is important that they keep accurate financial records as they will need to report to the Court every year as to how that person’s financial affairs have been managed.
A Deputy is unable to make general health and welfare decisions on behalf of an individual. However, a Deputy can apply to the Court of Protection to be able to make a specific health and welfare decision at a specific time. For example, if a Deputy needed to make a decision about where an individual should live, they can apply to the Court of Protection to obtain authority to make that decision. Once the decision is made, usually the authority would end.
If you wish to have an informal chat or have any further questions regarding these documents, please do not hesitate to email us at sr@bbelaw.co.uk or telephone to speak to one of our dedicated and no jargon Team!
