We help clients throughout England and Wales.
If someone close to you has lost mental capacity, you may need to apply to the Court of Protection for a Deputyship Order. This will allow you to make decisions on their behalf.
Losing mental capacity means not being able to make a decision that needs to be made.
People can lose mental capacity for a variety of reasons. Common reasons include:
- The person has dementia.
- The person has had an accident and as a result has a severe brain injury or illness.
- The person has severe learning disabilities.
We will explain mental capacity in more detail on this site. However, briefly, it is important to note:
- Just because someone has dementia does not mean that they lack mental capacity.
- Just because a person is unable to make some decisions, does not mean that they are unable to make any decisions.
Even when a condition such as dementia progresses, the person can very often continue to make decisions about some areas of their life. If the Court grants you a Deputyship Order, you will need to allow the person to be involved in making decisions so far as they are still able to do so, only stepping in where you are actually needed.
Types of Court of Protection Deputy
There are two types of Deputy:
- Deputies who make decisions about the person’s finances and property
- Deputies who make decisions about the person’s health and welfare