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:

  1. Under a Power of Attorney (Enduring or Lasting Power of Attorney) – which would have been created when the individual had capacity
  2. Deputy – appointed by Court of Protection if no Power of Attorney
  3. 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.

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