Percy Hughes & Roberts - Court of Protection Solicitors

Who Makes Decisions For People When They Cannot Make Decisions For Themselves?

It is estimated that over 800,000 people in the UK currently suffer from dementia. Around 145,000 adults in England alone have severe and profound learning difficulties and over a million have mild to moderate learning difficulties. All of these people will have financial or welfare needs, but many lack capacity to make some or all of the decisions for themselves. So, who makes the decisions they can't?

On 1st October 2007 the Mental Capacity Act 2005 ("the Act") became law. The main thrust of the Act is to provide statutory protection for those who lack the mental capacity to make their own decisions. Amongst other things, the Act set up the Court of Protection, which has the jurisdiction to decide whether or not a person lacks capacity to make decisions.

The Court of Protection can also make declarations, orders and directions for people who lack capacity. The body can appoint someone to make decisions in the best interests for someone who cannot do sofor themselves. The appointed decision makers are called "deputies". The Act also introduced a legal document called a Lasting Power of Attorney Deed ("an LPA"). An LPA is a legal document in which a person can name someone who they would want to act for them in their property and financial affairs, or make welfare decisions, if there comes a time when they lack capacity to make their own decisions.

Should you have any concerns or queries regarding the Court of Protection, or you are planning on making an appeal to the court and require legal advice and guidance, contact the lawyers at Percy Hughes & Roberts Solicitors on 0800 781 3894 or complete our enquiry form.

Who does the Court of Protection Appoint as a Deputy?

If you are a relative or close friend of someone who cannot make decisions for themselves, you may be eligible to be appointed by the Court of Protection to act as that person's deputy. To be considered, it will be necessary to submit an application to the Court of Protection. The application must include a doctor's report so that the judge can decide whether or not the person concerned does lack capacity. Details of the person's financial and welfare circumstances will be included in the application. You will also have to complete a declaration so that the Court can decide whether or not you are a suitable person to be appointed as a deputy. In most cases, the application is looked at by the judge without the need for you to attend to a hearing the Court of Protection.

For more information about this process and how to make an application, contact Alison Beech on 0800 781 3894.

What is a Lasting Power of Attorney Deed?

An LPA is a legal document that a person who currently has capacity to make their own decisions ("the Donor") makes using a special form. The Donor names in the LPA the person or persons he or she trusts to make decisions on their behalf if there comes a time when the Donor cannot make the decisions for themselves. The Donor can make an LPA to deal with their property and financial affairs and/or an LPA so that someone can make decisions about their health and welfare.

The LPA is a special legal form which has to be completed according to a set procedure and has to be registered with the Office of the Public Guardian to be legally effective. 

Contact Us

For more information about court of protection solicitors and how to make an LPA contact Wendy Randall on 0151 666 9166.