Deputyship and other applications to the Court of Protection under the Mental Capacity Act 2005

Where a person lacks mental capacity to make decisions for themselves and they have not prepared a Lasting or Enduring Power of Attorney then a deputy can be appointed through the Court of Protection. The deputy’s role is then to manage the person’s assets and property on their behalf and their role is similar to that of an attorney. Although a deputy can be appointed for property and affairs or health and welfare decisions it is more usual for a deputy to act in dealing with a person’s financial affairs only.

It is also possible to apply to the Court to make a Will on a person’s behalf where they lack the mental capacity to make a Will themselves and this is known as a Statutory Will. Other applications that can be made to the Court include applications to make gifts on the person’s behalf or to appoint trustees in their place if they are appointed as a trustee of a trust and lack the capacity to act themselves. We are experienced in dealing with all types of application to the Court of Protection and are happy to act as deputy in appropriate circumstances.