When a person loses mental capacity to make decisions for themselves and they do not have a power of attorney in place, then the Court of Protection will need to appoint a deputy to make decisions for that person. There are two types of deputy; a deputy for property and financial affairs and a deputy for health and welfare.
A deputy can be a friend, family member or a professional. Many of our deputyship clients are children or young people who have suffered an injury at birth. We also represent a large number of people with learning difficulties and elderly people, who have lost capacity as a result of a stroke or dementia.
All deputies must be appointed by the Court of Protection and are closely supervised by the Office of the Public Guardian. Like attorneys, every deputy must act in accordance with the principles of the Mental Capacity Act 2005. They must work closely with family members and consider every decision that they make very carefully to ensure that it is in the best interests of the person that lacks capacity to make it.