Deputyship

Loss of mental capacity

When a person does not make a Lasting Power of Attorney (LPA) and loses his or her mental capacity, a deputy has to be appointed to manage that person’s affairs. Significant problems can arise when the primary or sole breadwinner loses mental capacity suddenly, such as in a motor accident, or illness, or individuals suffer from special needs.

What is deemed to be a mental incapacity?

A lack of ability to:

• understand information relevant to decision making;
• retaining that information;
• using or weighing that information as part of the process of making the decision; or
• communicating their decision (whether by talking, using sign language, or any other means).

What is a deputy?

A deputy is authorised by the Mental Capacity Court to manage your medical needs, personal welfare, and financial affairs. The deputy needs to be:

• At least 21 years of age;
• Not bankrupt; and
• Of sound mind.

The deputy can be a trusted person, such as a family member or a friend.

How do I know the deputy will make decisions in my best interests?

The Office of the Public Guardian (OPG) will supervise the deputy. This will ensure your interests are looked after properly. At I.R.B Law, we have particular expertise in this area of law. We will be able to assist you in obtaining the necessary Court orders.

Please get in touch with us for an initial consultation to better understand your situation and advise on potential next steps and likely costs involved. Call us now to schedule your initial consultation.