Providing for People Lacking Mental Capacity
At Onions & Davies, we have a number of clients who care for someone who is unable to care for themselves. This may be due to some form of physical incapacity or it may be due to some form of mental incapacity.
Quite naturally, they are worried about what will happen when they die and are therefore unable to continue providing that care.
When a person lacks the mental capacity to make decisions about their own affairs, a Deputy can be appointed by the Court of Protection to make such decisions on their behalf.
This may be a friend, a relative or a professional person. In the past, these used to be known as Receivers.
It is generally preferable for a person’s affairs to be dealt with under the terms of an enduring or Lasting Power of Attorney, but where a person has not made either of these, an application for a Deputy to be appointed should be made.
Lasting Powers of Attorney (LPA)
A legal document which enables you to appoint another person or persons (your attorneys) to make decisions on your behalf should you ever be in a position where you are unable to make those decisions yourself.
Your attorneys will generally have exactly the same powers as you do to make the same decisions that you make now.
A legal document that enables you to set out in advance what medical treatment you would or would not wish to receive, if you are ever in a position not to be able to make that decision at the time. They used to be called Living Wills.
Advance Decisions cannot be used to appoint other people to make those decisions on your behalf. If you wish to do that, then you will need to make a Lasting Power of Attorney.
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