Court of Protection Deputyship

When a person has lost capacity (Alzheimer’s, dementia etc.), they can no longer set up a Lasting Power of Attorney, instead, the only option for the people closest to that person will be to make an application to the Court of Protection to become a ‘deputy of the Court’, in order to act for the person who has lost capacity in relation to property and financial affairs, and healthcare and personal welfare.

It generally takes 6 months and will be expensive, not just to set up, also on an ongoing basis too.

 In addition to the rules laid down by the Mental Capacity Act 2005 there are extended rules regarding the deprivation of liberty safeguards (DOLS) that protect the interests of the extremely vulnerable, such as those in hospital or care homes.

What you need to know is that there isn’t any alternative, this route is the only option if you plan to stay on the right side of the law.