In the absence of a valid Lasting Power of Attorney, no one has the legal authority to make decisions in respect of either the welfare or financial affairs of somebody who has lost mental capacity. In that situation, a friend, family member or professional may be appointed to act as a “deputy”. The deputy would then have legal authority and responsibility to make decisions on behalf of the individual who lacks capacity.
We can advise you about whether deputyship is appropriate, who to appoint as a deputy and how to apply to the Court of Protection.
Once a person is registered as a deputy, the Office of Public Guardian will supervise the deputy to ensure they are acting in the best interests of the individual who lacks capacity. A deputy will need to provide annual accounts to show how they have managed the individual’s finances. We can make the process easier and alleviate the pressure by advising you throughout.