Having a loved one lose capacity, whether it’s through a disease such as dementia or following a brain injury, can be devastating for those around them. 

As well as dealing with the emotional repercussions, family and friends of the person who has lost capacity (who we’ll call ‘Mr P’) find themselves navigating the practical consequences. Who will care for Mr P? Where will they live? What about their finances and property? 

Ideally, Mr P would have made Lasting Powers of Attorney (LPA), which would give somebody authority to manage their property and finances for them, should they ever lose capacity. However, life is busy, and people often neglect to do this. So, what then? 

Where Mr P has property or income beyond just benefits, the only route is to apply to the Court of Protection to be appointed as a ‘deputy’. 

A deputy is someone who would have similar authority to that given under LPAs. The difference is that the court gives you that authority, rather than Mr P themselves. The process is therefore more complex than arranging an LPA. 

Firstly, Mr P would need to have their capacity assessed by a suitable medical professional. For the court to consider appointing a deputy, this assessment would need to show that Mr P lacks the capacity to manage their property and financial affairs. 

The applicant(s) (who could be a family member or friend, etc) would then submit the capacity assessment to the Court of Protection along with various legal forms setting out Mr P’s circumstances and financial position. 

The court will then consider the application and, if appropriate, appoint a deputy or deputies. 

Due to the sheer number of applications, and backlogs at the court, the waiting time for a decision can be several months. Therefore, if you think a deputy is required now, it is important to make an application as soon as possible. 

We can advise on such applications and regularly prepare applications for clients. If you require assistance, please contact me.