What Do I Do If My Friend Or Loved One Loses Mental Capacity?
When a friend or loved one loses mental capacity, it can be an extremely stressful time for those around them – especially if there is no Lasting Power of Attorney in place.
When someone loses the ability to make decisions for themselves, an individual must step in to make decisions on their behalf. This is what a Lasting Power of Attorney is for – it provides a person with the authority to care for the individual’s finances or health and welfare decisions when they are no longer able to do so.
Mental Capacity & Its Meaning
It’s important to note that a Lasting Power of Attorney can only be put in place when a person has mental capacity. Mental capacity is defined as having the ability to fully understand information and to make decisions based on this information.
Losing mental capacity could mean losing the ability to make decisions or having your decision-making ability impacted upon significantly. Causes can vary and include brain injuries, learning difficulties, or dementia. Individuals are usually assessed by a medical professional if those around them are concerned about their mental wellbeing, to confirm if they have lost mental capacity or not.
What Happens If There Is No Lasting Power Of Attorney In Place?
If someone loses mental capacity and there is no Lasting Power of Attorney in place, someone may need to apply to the Court of Protection to be a deputy – normally this would be a family member or close friend of the individual.
If no one is able to or willing to act as a deputy then the Court of Protection can appoint a professional deputy.
What Does A Deputy Do?
A deputy (or deputies – the Court sometimes approves or appoints more than one deputy to either act together or separately) is responsible for making decisions on behalf of the individual who has lost mental capacity.
There are certain things that they are expected to do.
Responsibilities include:
- Acting in the best interests of the person
- Helping the person to understand why the decisions have been made
- Involving professionals if needed
- Making decisions in the best interests of the person and not themselves
- Acting morally for the person – e.g. not making a Will or holding money in their own name on behalf of the person
What Are The Types of Deputyships?
There are two types of deputyships that a friend or family member of the person can apply for or the Court of Protection can appoint:
- Property & Financial Affairs Deputyship
As this deputy, you are responsible for managing the person’s income and outgoings, including paying for bills and ensuring their care needs are met. It might involve selling a property to pay for care needs. Every asset must be used and each decision must be made in the best interests of the person. - Health & Welfare Deputyship
As this deputy, you are responsible for the health and welfare of the person. This includes making decisions about their day-to-day needs from getting dressed and eating well through to socialising and undertaking beneficial activities. Decisions that might need to be made include for medical treatment. If you’re unsure, you should seek professional advice, such as from a doctor.
Helping You When A Friend Or Relative Loses Mental Capacity
Our specialist legal team can help with all matters relating to Power of Attorney and applying to be or appointing a deputy and have the experience to handle matters sensitively and in the best interests of the client.
Paul Hannam, a solicitor at our Chorlton office, has acted as a deputy for many clients and is an experienced practitioner in helping clients. He is able to act as a deputy when the person has no family or friends who can or want to act as a deputy. He understands the laws relating to Power of Attorney and the Court of Protection and will be able to advise and support you throughout the process and guide you at each stage.
To speak to us about applying to the Court of Protection to appoint a deputy or to understand the law surrounding Power of Attorney and your duties as a deputy, you can contact us at our Chorlton office on 0161 860 7123 or email chorlton@hlfberry.com or at our Failsworth office on 0161 681 4005 or email failsworth@hlfberry.com and we will be happy to help.
