If a person lacks capacity to be able to make a Lasting Power of Attorney to enable decisions to be made by the persons who would have been chosen, an application can be made to the Court of Protection to appoint a Deputy who will administer the Donors affairs. Like with LPAs there are 2 types of Deputyship order, one for Financial and Property the other for Health and Welfare. These can be expensive, stressful and also not very timely in the process leading to problems and delays if a persons assets like bank accounts are frozen. Deputies will be appointed by the court and sometimes not family but professionals will be appointed, so not necessarily the people you would have chosen. This would be dependent on the courts findings and decisions as to how they see you would be best protected. It could also incur ongoing fees if the Deputy appointed is a professional one. It is always better to have a Lasting Power of Attorney if you are able, but sometimes things are left too late.

Should you wish to make a Deputyship order or discuss one, please get in touch.