If you were to lose the capacity to make decisions for yourself and had neither an Enduring nor Lasting Power of Attorney in place, an application would need to be made to the Court of Protection for authority to make decisions on your behalf. The process involved is referred to as a deputyship order.
In the majority of cases it is close family and friends who become deputies, although a trained professional or local authority may also assume the role.
At OGR Stock Denton, we can help you apply for a deputyship and advise you on your responsibilities once you have taken on the position.
Our experienced lawyers can also step in and act as a deputy when required, consulting families, carers and other relevant individuals to ensure that we meet our obligation to act in the person’s best interests.
If you need advice on any aspect of the law relating to deputyships please visit our contact us page.
Please bear in mind that if someone still has mental capacity we can also advise on putting a Lasting Power of Attorney in place, which is a cheaper and quicker process and should be considered to avoid having to make a deputyship order at a future point.