Power of Attorney
If you care for someone else there may come a time when you have to manage their affairs.
The Mental Capacity Act 2005 protects people aged 16 and over who are unable to make certain decisions for themselves, perhaps due to learning disabilities, mental health problems or because of an illness, for example dementia.
It enables people to choose someone to manage their finances and property should they become incapable of doing so and also to make health and welfare decisions on their behalf.
What is a Lasting Power of Attorney (LPA)
There are two types of LPA that enable you to make decisions on someone else's behalf:
- Property and affairs - This can include paying bills, managing a bank account or selling property
- Personal welfare - This can include decisions about their health and personal welfare, such as giving consent to medical treatment or deciding where they should live
You can download the forms to create, register, object or disclaim a lasting power of attorney on line by visiting:www.lastingpowerofattorney.service.gov.uk/home
Making Decisions on Behalf of Someone Else
If you need to make decisions for someone who has lost their mental capacity and there is not a Lasting Power of Attorney in place, you can apply to the Court of Protection to appoint someone as a 'Deputy'. A Deputy will be someone who knows the person well.
For more information on becoming a Deputy see our Making Decisions on Behalf of Someone Else Factsheet
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