If people become mentally incapable of dealing with their own affairs and they have not previously made an Enduring Power of Attorney (prior to 1st October 2007) or a Lasting Power of Attorney (after 3rd September 2007), it will be necessary to apply to the Court of Protection for the appointment of a Deputy.
A Deputy can be appointed by the Court to act as:
- A Property and Affairs Deputy - making decisions about property and financial affairs, including the sale and purchase of real property.
- A Personal Welfare Deputy - making decisions about health and personal welfare, including treatment options. However the Deputy cannot refuse consent to life sustaining treatment.
The Deputy is usually a close relative or professional. The Deputy is appointed after submitting to the Court full details of the person's personal circumstances and finances. The Court will also require a Medical Certificate confirming that the person you are applying to act as Deputy for is mentally incapable. One appointed, the Deputy is supervised by the Court and is required to render annual accounts and maintain the appropriate insurance.
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