A Deputy is a person who is appointed by the Court of Protection to make financial decisions for someone who is unable to make their own decisions or manage their own financial affairs because they lack mental capacity.
The power to appoint a Deputy is held by the Court of Protection and this is set out in the Mental Capacity Act 2005 which lays down the test for whether a person lacks capacity.
The loss of mental capacity can happen as a result of traumatic brain injury or a medical condition which causes loss of or impairment in the functions of the brain, such as with many forms of dementia.
The loss of mental capacity can have devastating consequences and can be personally distressing for the person concerned and their family.
Even when there is a loss of mental capacity, the Deputy should consult with the person concerned and their family and can only make decisions that the person cannot make for themselves. For example, in some cases, the person is able to manage a small budget for their own personal needs but could not make decisions about management or investment of larger sums of money, for example after a substantial compensation award for brain injury.
The Deputy is obliged to follow the Mental Capacity Act and the guidance in the Mental Capacity Act Code of Practice. The Deputy is supervised by the Office of the Public Guardian to ensure that the client is fully and properly protected.Tim Beasley, a partner with Levenes with considerable experience of handling brain injury claims, acts as a professional Deputy for clients who have lost capacity.
How can we help you?
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If you would like to have a no obligation discussion please feel free to give Tim a call on 0800 048 2355.