If there comes a time when you lack the mental capacity to make formal decisions and you have not appointed an attorney to act on your behalf, the matter will be sent to the Court of Protection. The Court of Protection is a legal body whose main purpose is handling and overseeing decisions regarding the welfare and finances of those who lack the required mental capacity to handle these things themselves. More specifically, they can decide whether or not someone does lack the capacity to make their own decisions and, if they do, appoint ‘deputies’ to make decisions for these people.
Like with Lasting Powers of Attorney, deputies can be appointed to handle either finances and welfare separately or simultaneously. There will be a court order which states what deputies can and can’t do, and deputies will need to report back to the Office of the Public Guardian every year explaining any decisions they might have made.
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Last Updated: Thursday 25th April 2019
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