In the event that no Attorney has been appointed, and the person you care for lacks the capacity to manage their own affairs, it will be too late to make a Lasting Power of Attorney (LPA).

The only way for someone to retain control over their affairs at this stage is for an application to be made to the Court of Protection by the person's family to give someone else. i.e. a Deputy, the authority to make these decisions.

The Deputy, who has to be over the age of 18, can be a family member(s) or a partner or a senior Solicitor at Downs, depending upon the circumstances. Our private client lawyers are very experienced in this complicated area and can assist or advise as to how best to proceed where an independent deputy would be best placed to manage the affairs of the incapacitated person concerned.

It is for this reason that we emphasise the making of an LPA where the individual can control whom is chosen to run their affairs.