Obtaining Authority to Make Decisions for Someone Who Has Lost Mental Capacity

In the event that you do not have an EPA or LPA in place and you subsequently lose capacity, it will no longer be possible for you to create an LPA. Similarly, you may know or care for someone who has difficulties in managing their own property and financial affairs or personal welfare and you may wish to help them.

You may also have concerns about a vulnerable person, whether it is a family member, friend, or neighbour.  In any of these circumstances, we can support and advise you in your time of need. 

There may be the need for you, or someone else, to apply to the Court of Protection to make decisions for that person over issues such as:-

• Running and managing bank accounts, savings accounts or dealing with investments;
• Buying, selling or letting property on their behalf;
• Paying for care fees;
• Claiming and receiving benefits and sorting out pensions and annuities.

There may be a need for major welfare decisions which have a potential life changing impact, such as a major operation or medical treatment, if there is no other way of making a decision.

The list is non exhaustive.

In those circumstances, an application has to be made to the Court of Protection for the appointment of a named individual to deal with the affairs (whether financial or personal) of the person who has lost their mental capacity. 

This is a complex and time consuming process and our Team are able to guide you and your family (or friends) through the complexities of the law and deal on your behalf with the application to the Court of Protection for the appointment of a Deputy.