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The Court of Protection is entrusted with the responsibility to help the people who are unable to make decisions on their own. The court of protection generally appoints and authorises a person to act the deputy of all the legal matters. Deputyship refers to a legal appointment which authorises a certain individual to manage and handle all the legal, personal and financial matters of the person lacking the right mental capacity to do so.
A deputy can only take these decisions under the order of a court of protection. The court of protection entitles the deputy to act on behalf of the person lacking the mental ability to make decisions.
What is the purpose of mental capacity act 2005?
The mental capacity act is an important piece of legislation that is created to protect the legal rights of the people who lack the mental capacity to make the decision on their own. The core purpose of the act is to empower such people to make informed decisions about their financial and legal matters, whenever possible. The act is leveraged by a court of protection, deputies and lasting power attorneys. The act also underlines the Act of Practice that is followed and used by the legal professionals while working with the donors, attorneys and deputies.
How can a person lack mental capacity?
The lack of mental capacity means a lack of ability to take a decision on your own. Such mental impairment could be the result of an injury, disorder or innate condition that can impact the mental functionality of the person. Mental impairment conditions such as Alzheimer’s and severe brain injuries are major reasons for lack of mental capacity.
Who is a deputy?
A deputy is any individual who is authorised by a court of protection for the person who is unable to make crucial decisions on his own. The court usually authorises a close acquaintance and family member with the responsibility to make decisions in the best interest of the person. However, in some cases, the court might even appoint a legal expert or solicitor to make decisions regarding the legal matters. Mostly, the court of protection appoints deputies for financial affairs and property matters. In a few cases, the court might even select an individual for the responsibility of health, wellbeing and welfare affairs.
What are the powers and responsibilities of the deputy?
A deputy is not allowed to exceed the limitations and circumstances as set out in the legal documents and court order. The deputyship document and order might equip the deputy with significant power to act and decide over various matters, even then the deputy is expected to act within the set restrictions. The deputyship doesn’t allow the deputy to make a huge investment and expenditures decisions without the permission of the court of protection.
What are the general principles of mental capacity act 2005?
The duties and responsibilities of the deputy are clearly mentioned in the mental capacity Act 2005, which follows these general principles:
● A person is assumed to have mental capacity unless observed otherwise.
● A person cannot be pronounced as an individual with a lack of mental capacity unless every possible measure has been taken to improve the condition.
● A person who makes hasty and unwise decision cannot be labelled as someone with a lack of mental capacity.
● A deputy should make a decision in the best interest of the person.
● The deputy must give due consideration the decisions to ensure whether the desired purpose will be achieved or not.