When a loved one no longer has mental capacity to make the important decisions about their finances and welfare, the Court of Protection can help you protect their best interests.

Attorneys and deputies are appointed to be able to make decisions on behalf of another when they are unable to make the decisions for themselves. The key difference between an Attorney and Deputy is, an Attorney is chosen by the individual whilst they still have capacity via their Lasting Power of Attorney (LPA), whereas a Deputy is appointed by the Court of Protection for someone who has already lost capacity.

Mental capacity means that you have the ability (capacity) to make decisions for yourself. When you are unable to do this, then you are said to lack mental capacity. This can occur due to illness, injury, mental health problems or a learning disability. For someone to have capacity they must be able to:

• Understand the relevant information for the decision they are wanting to make, including any reasonably foreseeable consequences of making the decision.
• Retain this information long enough for the decision to be made.
• Balance the information provided to make the decision.
• Effectively communicate their decision by any means – this can be via speech, sign language, muscle movements i.e., blinking

It is important that a person must be assumed to have capacity unless it is established that they lack it.

For advice call our team today on 01302 365 374.