A newspaper article this weekend focussed attention on the Court of Protection which can make decisions for adults who lack capacity. These decisions can relate to financial matters such as management of investments and payment of bills as well as health and welfare matters such as selecting residential or nursing homes and consenting to healthcare. The article can be read on the Daily Mail's Website.
The Court must follow the principles set out in the Mental Capacity Act and act in the best interests of the person lacking capacity.
However while the article highlights some problems, generally the Court will only intervene in contentious cases. To minimise the chance of difficulties arising we recommend that all adults consider drawing up a Lasting Power of Attorney and selecting the people they want to make decisions for them should they lose capacity in the future. It is possible to appoint Attorneys to act for you and nominate Replacement Attorneys if you are worried that your Attorneys might not be able to act in the future.
If an individual loses capacity and no Attorney or Replacement has been appointed then a family member or friend can apply to be appointed as a Deputy, though the Court can step in and choose a Deputy of they think this is more appropriate.
If you would like to talk to us about Lasting Powers of Attorney please contact Gail Donaldson in Milton Keynes, Paul Ashby in Luton or Vivienne Hamilton or Fiona Halsey in Harpenden
