PKWA Family Lawyers can assist you to apply to court for appointment of a Deputy under the Mental Capacity Act for a person who lacks mental capacity.

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Appointment of a Deputy under the Mental Capacity Act for a person who lacks mental capacity in the Family Justice Courts.


What is a Deputy?

A deputy is a court-appointed individual who is granted specific powers by the Court to make decisions for the benefit and welfare of a person who lacks mental capacity.

Apart from taking care of the mentally incapacitated person’s personal needs and financial affairs, the deputy is also required to submit an annual report to the Office of Public Guardian to explain what decisions the deputy had made for the person and how the deputy had used that person’s monies.

When is an Appointment of Deputy Needed?

You would need to apply to court to appoint a Deputy if the person lacks mental capacity and there is no relevant LPA.

Parents of young children who have intellectually disabilities may also apply under the MCA for a Deputy.  Typically, the parents are concerned about who will take care of their children should they (the parents) have anything unfortunate happen to them. The Mental Capacity Act allows parents of children with intellectual disabilities who are below the age of 21 years old to apply to the court to appoint a deputy to ensure that their child’s future care is arranged if the parents pass away or lose their mental capacity.

A Deputy is necessary if a person lacks mental capacity (example,  has dementia or is in a coma).   A court order appointing a deputy could allow a deputy to access their bank account to cover such expenses.


What a Deputy needs to know

Discuss with your family members on whether it is necessary to apply for a Deputy to be appointed  under the Mental Capacity Act.

Decide who is to be the deputy and how many deputies are required.  There should not be any family disagreements over the choice of the Deputy.

Your lawyer should file the application for appointment of a Deputy within six months of obtaining the medical report.


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