If someone is lacking in mental capacity and they have not in the past drawn up an EPA or an LPA then a Deputy will need to be appointed by the Court of Protection. A Deputy can be a relative or a close friend and is often someone who has been helping the person now lacking mental capacity with their affairs prior to the application. In some circumstances a Deputy can be appointed by the Court itself.

A Deputy is legally responsible for acting and making decisions on behalf of someone who lacks the mental capacity to make these decisions for themselves. A Deputy will generally only be appointed to deal with someone’s property and financial affairs.

If you need advice on whether you need to make an application for Deputyship on behalf of someone then we can help you. You are not expected to be an expert in assessing someone’s mental capacity. We can help you obtain a medical report from a GP to do this. If medical evidence is already to hand confirming an application for Deputyship is appropriate then we can assist you with the application through to your appointment.

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