Capacity for financial matters, money and property
What if a person lacks capacity regarding financial matters, money and property?
If a person lacks capacity under the terms of the Mental Capacity Act 2005 then there are only three ways in which someone else can lawfully manage the individual’s finances:
- Under a Power of Attorney (Enduring or Lasting Power of Attorney) – which would have been created when the individual had capacity
- Deputy – appointed by Court of Protection if no Power of Attorney
- Appointee – appointed via DWP if finances are restricted to benefits and are insufficient for a Deputy to be appointed.
So if there is no Power of Attorney the options are:
- Search register of the Office of the Public Guardian to see if a Deputy has already been appointed
- Speak to Social Services to see if their client services team will take the matter on
- Identify suitable potential Court of Protection Deputy – professional generally best with brain injury
- Consider a DWP appointee if there is no capital and the only income is benefits – normally a relative or carer has this role
We can assist with the following:
- Establishing whether someone lacks capacity
- Advising on what to do if there is a lack of capacity
- Advising on what is likely to be in a person’s best interests if they lack capacity
- Managing affairs under a Power of Attorney
- Advising and assisting Attorneys regarding their powers and duties
- Assisting lay Deputies to make applications to the Court, and advising law Deputies throughout their period of appointment
- Acting as professional Deputy, Sue Bowler has been appointed as a Panel Deputy by the Court of Protection
If you would like further information please contact us on 023 9238 8021 or click below to send an email.