What is a deputy and how can they help someone who has lost mental capacity?
A deputy is a person who is appointed by the Court of Protection to make decisions on behalf of an individual who has lost the mental capacity to make their own decisions.
Any suitable person can act as a deputy, however, they will first need to make an application to the Court of Protection. The court will then consider the available evidence, and any views expressed by other interested people. If the court is satisfied that the applicant is a fit and proper person, it will approve the application and appoint them as a deputy. This gives the person the authority to make decisions for the individual who has lost mental capacity.
What is an attorney and how can they help someone who has lost mental capacity?
An attorney can also make decisions on behalf of someone who has lost their mental capacity. The main difference is that an attorney is appointed by the relevant individual themselves, rather than by the Court of Protection. The individual will have appointed their chosen attorney at a time when they still had mental capacity by creating a Lasting Power of Attorney (LPA).
Depending on which type of LPA is created, either a Health and Welfare LPA or a Property and Financial Affairs LPA, an attorney will be able to make a wide range of decisions on the individual’s behalf.
What is a professional attorney or deputy?
A professional attorney or a professional deputy is a professional person, e.g. a solicitor, an accountant or an independent financial adviser, who is appointed to make decisions on behalf of someone who lacks mental capacity.
Often people don’t want to burden their family or friends with decision making or they simply don’t know who to choose or trust. This is where a professional person acting as your attorney or deputy can help.
Our team can act as a professional attorney or deputy and leave you feeling reassured that your future decisions are taken care of by people with the appropriate expertise and accountability.
How can SAS Daniels help if you are acting as a deputy or attorney?
Being appointed as a deputy or attorney is a position of great responsibility. It can be difficult to know what you are required to do and you can be held accountable for making any wrong decisions which could potentially lead to investigation by the police, Office of the Public Guardian or Court of Protection.
We can help you fully understand your role, whether that be helping you complete the required Office of the Public Guardian (OPG) report each year, or advising you on whether you can make gifts as an attorney or deputy.
Our specialist team have the knowledge and experience to help you make decisions every step of the way. With our help you can be confident in the knowledge that each decision you make is made in the best interest of the person you have responsibility for.
For more information or advice on acting as a deputy or attorney, please contact our Elderly, Care and Mental Capacity team via our contact form or call us on 0161 475 7676.
Job Title: Business Owner, Joint Head of Macclesfield Office, Head of Private Client and Partner
Phone: 01625 442144