Court of Protection
If someone who has lost their mental capacity does not have a valid EPA (Enduring Power of Attorney) or LPA (Lasting Power of Attorney) in place the Court of Protection can appoint a ‘Deputy’ to act on their behalf. The application process and ongoing administration is more complicated than an EPA or LPA because a Deputy is subject to the strict control of the Court. An application can only be made once a person has lost their mental capacity and is therefore unable to decide who is appointed their Deputy or consent to an appointment. The application to the Court of Protection is a relatively lengthy and complicated process which can be difficult to deal with, particularly if you are also juggling the challenges of an unwell family member.
We can advise you or your family on your situation and deal with Court applications and procedures on your behalf. If you would like to discuss this please contact Harriet Thorneloe.