If someone is unable to make decisions for themself because they have lost mental capacity, the Court of Protection can appoint a deputy to make decisions for them. When considering who it should appoint the court will take into account any relevant skills that a person might need to make particular decisions. In some cases, the court will appoint someone close to the person who needs help, such as a member of their family or a friend. However, the court can appoint someone who is independent of the family and at Hart Brown we regularly accept such appointments.
Deputyship orders can be made in relation both to property and financial affairs and health and welfare decisions.
When making an appointment the court is required to consider certain principles. If at all possible the court should make the decision itself and the deputy's appointment should be as limited in scope and for as short a time as possible.
The alternative, to having either the court or a deputy make decisions for you, is to make your own appointment in advance. Appointing an attorney under a Lasting power of attorney and giving them the powers to make decisions that you are comfortable with is almost always a far better option.