Deputyship

We have successfully represented countless clients in this area of practice.

When a person did not make a Lasting Power of Attorney (LPA) and loses mental capacity, an individual who is usually a family member may apply to the Family Court under the Mental Capacity Act to appoint a “Deputy” to represent and to manage the person’s personal welfare and/or property and affairs.

Several documents are required to be filed and it usually takes about two months for the court to issue the Deputyship order.

A deputy is thus an individual appointed by the Family Court under the Mental Capacity Act to make decisions on behalf of a person who lacks mental capacity.

FAQ

1. What is considered to be a loss of mental capacity?

A doctor has to certify that the person lacks mental capacity due to an impairment
of the brain. The law indicates that a person has a lack of mental capacity when
they cannot:

understand the information relevant to the decision;
retain that information;
use or weigh that information as part of the process of making the decision; or
communicate their decision (whether by talking, using sign language or any other means).

FAQ

1. What is considered to be a loss of mental capacity?

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