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Court of Protection
The Mental Capacity Act 2005, introduced substantial changes to Powers of Attorneys and Court of Protection Orders.
It provides a new legal framework to help empower people to make their own decisions and to make clear what actions carers and family members can make on their behalf.
The new law introduced two forms of Lasting Powers of Attorney (LPA)
- Personal Welfare LPA - Gives instructions as to care and treatment if mental capacity is lost.
- Property and Affairs LPA - Gives others the authority to deal with the client's finances.
If, however, a person loses mental capacity and has not created an Enduring Power of Attorney (pre 2007) or a Lasting Power of Attorney (post 2007) then the option for their family will be to make an application to the Court of Protection for someone to be appointed by the Court called a Deputy who will be able to make decisions on their behalf.
Court of Protection & The Mental Capacity Act 2005
Contact Us - Mental Capacity
For more information on Powers of Attorney and Court of Protection orders, please contact one of our specialist solicitors.
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