How do I know if my Loved One has Capacity to make Decisions
It’s upsetting to think about our loved ones losing their ability to make decisions and you might be finding it hard to accept or be unsure how you can help them.
To become a Deputy for someone who has lost capacity, you have to make an application to the Court of Protection.
In your application, you’ll need to provide detailed information about your loved one, including their circumstances and financial situation. The Court will then decide whether a Deputy is needed and who will be appointed.
If you’d like support with applying for a Deputyship, our Court of Protection Solicitors will be happy to help you. Get in touch to discuss your situation today.
A Deputy may need to be appointed by the Court if a person has lost the mental capacity to make decisions for themselves. This might be because they’ve got dementia, a learning disability, or a serious brain injury or illness.
It may be that the person is unable to make any decisions at all or just decisions about particular things.
Being someone’s Deputy is an important responsibility and you’ll be required to act in their best interests at all times when making decisions for them.
There are two types of Deputyships:
Before applying to become a Deputy, you need to be sure that this is the best option for your loved one.
Our Court of Protection Solicitors can help you complete and submit all of the necessary forms, including any supporting evidence, an assessment of capacity and your declaration.
You will usually need to pay for this up front, but you can ask the Court to reimburse the cost from your loved one’s finances.
The Court of Protection will consider your loved one’s situation and what’s best for them. They will decide whether they need a Deputy or a different arrangement in place.
The Court will either appoint you as Deputy or they might decide to appoint a professional Deputy. Don’t be disheartened if you’re not appointed – it might be because your loved one’s financial or family situation is complicated and the Court feels they would benefit more from a professional Deputy.
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