Dealing With Loss Of Capacity

Many people find it easier to avoid thinking about a scenario in which they have lost their capacity. After all, they won’t know what’s going on, right? 

But if you are the loved one of someone who has lost their capacity, you could find yourself in the position of not only having to think about someone’s affairs, but having to deal with those affairs on their behalf.   

This can be a smooth process if you have already been appointed as an attorney under a Lasting Power of Attorney.  

However, if you are not an appointed attorney you will be unable to deal with someone’s affairs without authority to do so. Acting without authority can also leave you vulnerable to allegations of abuse from others, even when you believe you are acting in someone’s best interests.  

If you wish to properly deal with a person’s affairs and avoid exposing yourself to criticism, you will need to apply to the Court of Protection to become what is known as a Deputy.  

The process of becoming a Deputy can be lengthy and complex and once appointed there are a number of ongoing duties that the Court of Protection will expect from you.  

Here at BTMK Solicitors, we have dealt with numerous different types of applications made to the Court of Protection and have experience with acting as Deputies on behalf of our clients. We can help you at all stages from dealing with the whole process on your behalf or be there to simply advise you on the application.

If you have any questions in relation to the Court of Protection or would like some more information, please call Kavita or Saul in our experienced Private Client team in Leigh on Sea on 01702 221920, or contact BTMK 24/7 on 03300 585 222. You can meet with our team at any of our 6 BTMK offices across Essex and London.

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