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Deputyship

Whether this loss of capacity is due to a degenerative disease, a serious accident, old age, or any other reason, it’s crucial to ensure their interests and assets are safeguarded.

Mental capacity refers to a person’s ability to make decisions, both significant and minor, in their daily life.

A person lacking mental capacity might struggle to:

  • Grasp essential information about a decision.
  • Retain that information long enough to make an informed choice.
  • Communicate their decision effectively.

Deputyship is a legal provision where an individual is appointed by the Court of Protection to make decisions on behalf of someone who lacks the mental capacity to do so. This appointment becomes necessary when there’s no existing Lasting Power of Attorney (LPA) in place. As a deputy, you are granted the authority to act concerning financial or welfare matters for the individual in question, ensuring their best interests are always at the forefront.

As a deputy, you have a responsibility to:

  • Always act in the best interests of the person you’re representing.
  • Make decisions with care, ensuring you’re well-informed.
  • Respect the individual’s confidentiality.
  • Adhere to the guidelines and instructions set by the Court of Protection.
  • Maintain separate financial accounts and ensure transparency in all transactions.

In situations where a person hasn’t set up an LPA or an Enduring Power of Attorney (EPA) and can no longer make decisions for themselves, deputyship becomes essential. It ensures that their financial affairs, health, and general well-being are managed responsibly and ethically.

At Price & Kelway, we understand the intricacies and sensitivities surrounding deputyship. Our dedicated team is committed to guiding you through the process, ensuring that your loved one’s interests are protected. We offer comprehensive services, both before and after the court order, and can even act as a Deputy if required. With our expertise, you can navigate the complexities of deputyship with confidence and peace of mind.