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  • Writer's pictureEmma Aslett

Wills & Probate | What Happens When Someone Loses Mental Capacity Without Lasting Powers Of Attorney

Updated: Jul 31, 2023

I have written many articles on the importance of Lasting Powers of Attorney (LPA) and, unfortunately, so many do not realise how important it is to prepare them sooner rather than later. There is no such thing as a “right time” to do this simply because we do not know what is around the corner. It is commonly assumed that the LPAs are for those who are older, but that is not true either. Losing mental capacity can happen at any age.

If a loved one loses mental capacity and they do not have an LPA, then someone needs to apply as a deputy. A deputy is someone who is authorised by the Court of Protection to make decisions on that person's behalf.

There are two types of deputies:

a. Property and financial affairs deputy

b. Personal welfare deputy

As a deputy, you must submit an annual deputy report to the Office of the Public Guardian (OPG) each year explaining the decisions you have made.

Not anyone can be a deputy and you must meet certain requirements to be a deputy.

The application process differs depending on whether you which deputyship you are applying for. Application fees also apply.

If you are successful with the deputyship application, which may include a Court hearing too, you must pay annual supervision fees.

There are a lot of hurdles to overcome and continuing assessments. Please contact me if you wish to discuss this further.

Lastly, please think about preparing your LPAs because, if you do not and you lose mental capacity, a loved one applying as a deputy can be a long and expensive process, compared to that of preparing LPAs.

0207 183 4595

The information provided in this article is not intended to constitute professional advice and you should take full and comprehensive legal, accountancy or financial advice as appropriate on your individual circumstances by a fully qualified Solicitor, Accountant or Financial Advisor/Mortgage Broker before you embark on any course of action.


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