You should not be apprehensive if your loved one has lost some of their mental capacity and you are apprehensive about their capacity to make independent decisions. It is always possible to submit an application for deputyship to the Court of Protection, which would grant you the authority to make decisions on their behalf.
Deputyship describes the process of acquiring the legal capacity to make decisions on behalf of another person. Only if the person for whom you wish to make decisions has lost mental capacity may an application for a deputyship be submitted. A person who has lost mental capacity is prohibited from possessing either a focused lasting power of attorney (LPA) or an enduring power of attorney.
The ability to both make and defend one’s own decisions is referred to as mental capacity, which is essential to remember. Consequently, in a circumstance where you lose mental capacity, an individual who satisfies the criteria of the application may apply to become your deputy and make decisions on your behalf.
What is the process for the deputyship application expedition, then? In order to make an application to the Court of Protection, it must first be submitted. When submitting this application, a minimum of four documents must be completed, and a certificate from your physician is required. The doctor’s certificate will provide additional proof that the person in question is unable to make decisions for himself.
If you want to make decisions on behalf of another person regarding their health and welfare or financial affairs, you must complete the necessary documentation in order to submit a deputyship application. Consequently, it is in your best interest to work with a lawyer to guarantee that your deputyship application is approved by the Court of Protection.
It is imperative to keep in mind that a deputyship application may only be submitted if the person for whom you wish to make decisions has lost their mental capacity. Furthermore, a person who has lost their mental capacity is prohibited from possessing a lasting power of attorney (LPA) or an enduring power of attorney (EPA) that has been authorized by a specialist.
In the event that you lose mental capacity, a legal power of attorney (LPA) is a person you designate to make decisions on your behalf regarding your health and welfare or financial affairs. In contrast to a legal power of attorney (LPA), an individual may only be petitioned to make decisions on your behalf after they have lost mental capacity.
Typically, the application process for a deputy order from the Court of Protection takes between four and six months to complete. Nevertheless, the application process for the position of deputy may necessitate a prolonged duration in certain circumstances.