Dealing with
Mental Incapacity

With an increasing life expectancy, we increasingly see the real issues which can arise in terms of the impaired capacity of family members, executors, trustees, or business directors/partners. We are experts in dealing with such capacity issues in the Court of Protection including application for Statutory Wills, Deputyship, and the Lasting Power of Attorney.

Lasting Power of Attorney

A lasting power of attorney (LPA) is a legal document that lets you appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf. This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (you ‘lack mental capacity’). You need to register your LPA with the Office of the Public Guardian. 

Professional Deputy Services

Professionals such as solicitors or accountants can apply to be deputies on someone’s behalf, and they are entitled to recover annual management fees on the anniversary of the Court Order.

Deputy for Property and Financial Affairs

You can apply to become someone’s deputy for property and financial affairs if they cannot make a decision for themselves at the time it needs to be made due to lack of their mental capacity. Deputy can do things such as paying the person’s bills or organise their pension.

Deputy for Personal Welfare

You can apply to become someone’s deputy for their personal welfare. Deputy can make decisions about medical treatment and how someone is looked after.

The court will usually only appoint a personal welfare deputy if:

    • There is doubt whether decisions will be made in someone’s best interests for example because the family disagree about care
    • Someone needs to be appointed to make decisions about a specific issue over time, for example, where someone will live.