_edited_edited_edite.jpg)
POWER OF ATTORNEY / COURT OF PROTECTION
Sometimes you or the person you care for cannot make decisions alone.
This section helps explain the process to support someone without mental capacity. The process can be complicated however it is important you and your loved ones wishes are 'heard'.
YOUR QUESTIONS ANSWERED
Lasting Power of Attorney description - GOV UK :
“A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf. This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (you ‘lack mental capacity’).”
The person in question therefore does have mental capacity to make decisions as they are appointing a Power of Attorney.
The Power of Attorney process enables planning ahead for financial and health decisions and matters by an appointed person, in the event the person may lose mental capacity.
The Court of Protection - description GOV UK:
“We make decisions on financial or welfare matters for people who can’t make decisions at the time they need to be made (they ‘lack mental capacity’).”
The person in question therefore does not have mental capacity to make decisions.
This is usually determined by:
A Capacity Assessment that can be completed by an appropriate health professional (GOV) - LINK
It can take a time to apply and can be significant effort to follow the processes in place.
However you should have access to a Court of Protection Supervisor to assist you.
A Court of Protection Deputy - examples:
Is appointed to help make health and / or finance decisions in the best interests of the person who lacks capacity at certain times.
Communicates with the Court of Protection / Supervisor to discuss and log decisions in an annual report.
May need to apply for some decisions before they are made to the Court of Protection for approval (for example gifts, health etc.).
No Next of Kin ?
Health professionals may take the lead (for health decisions).
The Court and Solicitor may take the lead (for financial decisions).