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Care after lost capacity

When a family member or loved one loses the ability to make their own decisions, this can be especially distressing if there is no Lasting Power of Attorney (LPA) in place. QualitySolicitors Smith Roddam can help you attain the same powers to make decisions on behalf of a loved one by applying for Deputyship through the Court of Protection.

A court may authorise you to act as a deputy on behalf of a family member of loved one if they are incapacitated due to illness or injury. The role of a deputy may be ongoing, or you may only be authorised to act on a one-off basis, such as if you had to make a decision about medical treatment for example. Deputies are subject to more regulatory and reporting requirements than LPAs, and going through the Court of Protection process to be appointed is often more lengthy and costly. That is why it is always advisable for a LPA to be appointed in the first instance. The Office of the Public Guardian (OPG) requires an annual fee and report as to how any expenditure on behalf of the person with lost capacity has been made.

Going through court processes can understandably be daunting, along with the added emotional element of needing to act with authority on behalf of a loved one. Our experienced and approachable team are available to help you apply for Deputyship, to support throughout the court process, and to assist with any one-off or ongoing reporting requirements. We will help you understand the responsibilities required of you in this important role and will always use plan and simply English. Our aim is to afford your loved one with the dignity they deserve, and to ensure you can respectfully make decisions on their behalf for their improved health and wellbeing.

To speak with a member of our team, phone us on 01388 881 611

Team members

Jenna Hoban
Solicitor
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Lorraine Foster
Solicitor
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Stephen Metcalf
Partner
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