Specialist advice on making important decisions for others
Under law, no one has the automatic right to deal with someone else’s decisions or choices, regardless of whether they are married, in a civil partnership or are related to them. In the circumstances where the individual involved does not have the capacity themselves to make the decisions needed, only someone who has been legally appointed can handle these things on their behalf.
If there is not someone who has already been granted Power of Attorney to make decisions on behalf of the individual.
- For property and financial matters there may need to be an application made to the Court of Protection. This is needed so that someone can be appointed as a deputy (i.e. with the power to make decisions) so that the affairs of the individual can be managed in their best interests.
- For health the treating doctors would make decisions
- For welfare it would be adult services and a social worker would be appointed
What is mental incapacity?
Mental incapacity is an individual’s inability to make decisions or manage their affairs due to a cognitive impairment such as dementia, Alzheimer’s, or mental illness. In these cases, a Court of Protection may appoint a deputy to manage the individual’s affairs.
How Moore Barlow can help
We have dedicated Court of Protection teams who offer truly specialist support with every aspect of decision making, working together to ensure that the necessary authority has been given to appropriate people when required, such as deputyships or Powers of Attorney.
We have offices in London, Richmond, Southampton, Guildford, Lymington and Woking and offer specialist support to those requiring assistance in this area of law both locally and nationally.
For any matters relating to property and financial affairs please contact Fiona Heald or Rebecca Sparrow. For matters relating to health and welfare please contact Mea North.
