Power of Attorney is a legal document where one person (the donor) gives someone they trust (the attorney) the right to make decisions on their behalf and in their best interests. This can only be set up whilst the donor still has mental capacity to make decisions.
The Office of the Public Guardian polices the activities of Attorneys, Deputies and Guardians who act on behalf of an individual who lacks capacity to make their own decisions.
An application to become a Deputy on behalf of someone is necessary when they lack mental capacity and a Power of Attorney was not set up prior to this occurring.
This means they cannot make a decision for themselves at the time it needs to be made. They may still be able to make decisions for themselves at certain times.
People may lack mental capacity because:
- They’ve had a serious brain injury or illness
- They have dementia
- They have severe learning disabilities
As a Deputy, you’ll be authorised by the Court of Protection to make decisions on their behalf.
The Court of Protection have guidance available for you should you wish to learn more about the application process and what is entailed:
Deputies: make decisions for someone who lacks capacity - GOV.UK (www.gov.uk)
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