What do I do if my loved one has lost mental capacity and I don’t think they made a Power of Attorney?
If you are in the unfortunate position whereby your loved one is losing or has lost the mental capacity to manage their own affairs, and you don’t think that they have a Power of Attorney in place, there are several things that you can do.
Step One: Contact the Office of the Public Guardian (OPG). The OPG manages all types of Powers of Attorney in England and Wales and they can let you know if your loved one has ever registered a document with them. It often takes several weeks or even months for them to send out their response, so it is best to continue to step two below straight away.
Step Two: Assessing capacity. It is important to know whether or not your loved one is likely to regain capacity, or if they still have enough capacity to legally make a Lasting Power of Attorney. There are certain medical issues that can cause a temporary reduction in capacity. We can assist you with finding a professional capacity assessor if there is not a clear answer to the question.
Step Three: Applying for Deputyship. If there are no previous documents in place and your loved one is not likely to regain capacity and/or is assessed to not have sufficient capacity, then you can make an application to the Court of Protection for them to have an appointed Deputy. The role of a Deputy is to take on all property and financial affairs decisions in the best interests of that person. We can help you to apply as a Lay Deputy, i.e so that you and/ or other family members can be appointed as the Deputy/ies, and we can assist with the formalities that are required each year such as a report to the Office of the Public Guardian and a tax return.
Alternatively, you can instruct the Osborne Morris and Morgan Trust Corporation to be the Professional Deputy for your loved one. This means that through Osborne Morris and Morgan Solicitors, we will be responsible for managing and looking after all financial and property matters. We always work closely with the families of our clients and we pride ourselves on building relationships of trust and respect with them and their loved ones.
We’re here to help
At Osborne Morris & Morgan, we understand that the process of applying for deputyship can be confusing, stressful and upsetting. This is where our team of Court of Protection specialists can help and guide you throughout the process. We have a nationally recognised Court of Protection team that is managed by our Joint Heads of Court of Protection and Trusts team, Sheena Shah and Hazel Page.
If you think that we may be able to assist you with any of the above, please do not hesitate to contact us.
