If you were to lose the capacity to make decisions for yourself and did not have a Lasting Power of Attorney in place, an application would have to be made to the Court of Protection to give someone the necessary authority to make decisions on your behalf. This process is known as applying for a deputyship order.
In many cases it is close relatives or friends who are appointed deputies, although a trained professional, such as a solicitor, or even a local authority may also take on the role.
At Hethertons Solicitors, we can help you apply for deputyship and advise you on the rights and responsibilities attached to the position.
Our solicitors can also act as a deputy when required, liaising closely with family members, carers and other parties to ensure we fulfil our obligation to act in the best interests of the person who lacks capacity.
Hethertons would advise that someone who still has mental capacity should consider making a Lasting Power of Attorney – as detailed above. This is a cheaper and quicker process and avoids the need of having to seek a deputyship order at a future stage.
We have considerable experience advising older clients and Barbara Stephens, who heads up our Later Life Services, is a member of Solicitors for the Elderly (SFE).