A deputyship order allows you to administer on behalf of mentally incapacitated people to make decisions for themselves. Applying for a deputyship order is required if there’s no existing lasting power of attorney (or enduring power of attorney) in place.
Appointed by the Court of Protection, a deputy is responsible for someone who lacks the capacity to make decisions for themselves where there is no attorney’s power. Any impairment, unstable brain functioning, such as dementia or a stroke, are among the few instances considered by the court as a lack of capacity. The lasting powers may cover finances, property or accommodation, medical treatment, other healthcare matters, and personal welfare
Deputyship orders: a deputy's duties
Whilst deputies must comply with the appointed deputyship order; a Mental Capacity Act 2005 must also be complied:
Unless proven otherwise, adults have the right to make decisions and must be assumed to have the capacity.
Appropriate and substantial help must be given to people before being considered unable to make their own decisions.
It’s considerable that individuals might make imprudent decisions, including the ones that others may deem eccentric.
Decisions made for or on behalf of a mentally incapacitated person must be in their ‘best interests’.
Any decision made on their behalf should be less restrictive of their basic rights and freedoms
Deputies are under an obligation to apply a high standard of care when placing decisions.
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