Mental Capacity Act

6. When someone hasn't planned ahead: Deputyship

Not everyone will have created an LPA. If someone with dementia loses the ability to make some decisions without having made an LPA or EPA, it can become difficult for those trying to help. This is especially true for financial decisions, as only someone with a legal power (eg LPA, EPA or deputyship) can completely manage another person's finances. Therefore, if someone hasn't made an LPA or EPA, you will need to apply to the Court of Protection to become their deputy in order to be able to manage that person's finances on their behalf.

It is also possible to become a person's deputy for health and welfare decisions. You will need to show the court that deputyship is needed, by demonstrating that there is a need for continuous welfare decisions to be made that only the deputy can make.

Sometimes, instead of applying to become the person's deputy, professionals and family members can work together to make decisions in the person's best interests, and so deputyship is not needed.