If people become mentally incapable of dealing with their own affairs and they have not previously made a Lasting Power of Attorney, 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. The appointed Deputy can also apply to the Court for specific Orders permitting the sale and purchase of property, to make gifts on the Patient’s behalf and prepare a new Will on behalf of the Patient.
A Personal Welfare Deputy – making decisions about health and personal welfare, including treatment options. Although as a general rule a Deputy cannot refuse consent to life sustaining treatment, the Deputy may apply to the Court for a ruling on such an issue.
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. Once appointed, the Deputy is supervised by the Court and is required to render annual accounts and maintain the appropriate insurance.
We help manage the affairs of people whose lives have been affected by a brain injury or a similar impairment. Our aim is to support our clients and the people who are responsible for them.