What to do if capacity already lost
There are times when we are unable to proceed with a Lasting power of Attorney Grant for a client because in our opinion they lack the sufficient mental capacity to be able to fully understand what they are doing, why they are doing it and the impact of such decisions upon them.
In these cases we will offer to refer the case to our
Court of Protection and Professional Deputies Team.
This dedicated team of professionals will then be able to meet with the family of our client (the initial consultation is free of charge) to discuss the options open to them going forwards:
Such options could be :
· To help decide who is the best person to apply for deputyship
· To assist in the preparation of the legal papers required by the Court of Protection to consider the appointment of the chosen deputy
· Provide deputy services in the absence of a suitable candidate being available
· Provide reserve deputy services where only one suitable candidate is available
· Provide advice and guidance on care funding options
· Assisting in claiming and administering state benefits
All Court appointments are supervised by the Office of the Public Guardian and all specialists work in full compliance with the mental Capacity Act 2005.