header-logo header-logo

Don’t shoot the deputy

11 March 2016 / Naomi O’Higgins
Issue: 7690 / Categories: Features , Mental health
printer mail-detail
001_nlj_7690_higgins

Naomi O’Higgins explains the role & responsibilities of deputies under the Mental Capacity Act 2005

Where a person, referred to in the Mental Capacity Act 2005 (MCA 2005) and in this article as “P”, no longer has mental capacity to manage his or her own property and affairs, but did not make a power of attorney while he or she had capacity, it is often necessary for an application to be made to the Court of Protection (COP) for the appointment of a person, known as a deputy, to make day-to-day decisions about and to manage and supervise P’s property and affairs.

A deputy can also be appointed to deal with P’s health and welfare, but the focus of this article is property and affairs deputyships.

Appointment of a deputy

A decision as to whether to appoint a deputy is one that must be taken in P’s best interests. Section 4 of MCA 2005 provides a checklist of factors that anyone, including the court, making a decision must consider when deciding what is in

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll