Managing the affairs of someone who lacks capacity

If a loved one has been deemed to have lost mental capacity under the Mental Capacity Act 2005, someone will need to manage their assets and take care of their wellbeing.

Lasting Powers of Attorney

Lasting Powers of Attorney are extremely important because they can only be prepared when you have the capacity to make them. If the person who lacks capacity has made Lasting Powers of Attorney appointing attorneys (often friends or family members), then these attorneys will make decisions regarding their financial affairs and/or health and welfare matters on their behalf. These decisions must be made in the person’s best interests, and despite their lack of understanding, the person who lacks capacity should be made aware of each decision.

Court of Protection

If the person who lacks capacity did not make Lasting Powers of Attorney when they had capacity to do so, an application will need to be made to the Court of Protection to manage their financial affairs and/or their health and welfare matters.

An application can be made to the Court of Protection to appoint deputies (often friends or family members) to make decisions on behalf of the person who lacks capacity either relating to their financial affairs or their health and welfare matters, depending on the nature of the application.

An application to the Court of Protection can be a lengthy and costly process and deputyship can often take over 1 year to be granted which highlights the importance of making Lasting Powers of Attorney when you have the mental capacity to prepare them.

In order to complete a Court of Protection application for deputyship, a mental capacity assessment will also need to be undertaken for the person who lacks capacity. Often, a GP or social worker may be able to complete this but if they do not wish to undertake this, professional fees for this can be costly.

This is why Lasting Powers of Attorney are so beneficial. Lasting Powers of Attorney ensure you are in control of who manages your affairs in the event that you lose capacity in the future. Similar to an insurance policy, you may never lose capacity or need to use them, but they are there if they are ever needed. Having Lasting Powers of Attorney in place help to avoid situations arising where a Court of Protection application for deputyship may be needed in the future.

If you would like to prepare your Lasting Powers of Attorney or you need assistance with a Court of Protection application for a friend or family member, please contact Olivia Hall at our Morley office on 0113 4673430 for further information regarding our fees or to book an appointment.