A Deputy can be appointed to help someone make decisions that they are no longer able to make for themselves. This might include decisions around property and financial matters, or an individual’s welfare and medical treatment.
An individual may lack capacity due to:
- an injury sustained following an accident or clinical mismanagement;
- the onset of a degenerative disease such as dementia;
- or a learning disability, amongst others.
If an individual is deemed to lack capacity, the Court of Protection can appoint a Deputy to make decisions on their behalf.
There are various requirements that need to be met, before a Deputy is appointed. Appointing the right Deputy for you or a loved one is an important decision. We can help guide you through the process and make tailored recommendations to suit your individual circumstances.
Determining if an individual lacks decision-making capacity
Determining whether an individual lacks capacity to make a specific decision, or a series of linked decisions, is not always straightforward. It is possible to retain capacity to make some decisions, and not others. An individual may also have fluctuating capacity depending on a variety of external factors, or the complexity of the issues that he/she is being asked to resolve.
Sometimes families or individuals look to change Deputies, for a number of reasons. This might be because of a relationship breakdown, or because they feel that their former Deputy does not have the necessary skills to carry out their role. We can help support you through that process and advise on the change or removal of a Deputy, where required.
We work with many elderly and vulnerable clients who are concerned to tackle the increasingly complex issues surrounding wealth planning, mental capacity and care.
We are experienced in working with many complex cases and work with teams to help support rehabilitation and independence. We can assist with supporting applications to the Court of Protection for those who have regained capacity and representing those where capacity is in dispute.
