You can manage someone else's financial and legal affairs or their welfare if they can't do it themselves because they 'lack mental capacity' - this means they can’t make a particular decision for themselves at the time it needs to be made.
Someone may lack mental capacity because, for example, they have:
- dementia
- had a serious brain injury or illness
- a severe learning disability
- a mental heath condition
The law says a person must not be treated as unable to make a decision just because they make an unwise decision.
Read the Mental Capacity Act Code of Practice for more information, and also how mental capacity is assessed.
Managing a person's affairs who lacks capacity and does not have an LPA
There are two ways in which you can manage finances and property for someone who lacks capacity and does not have a prior LPA (Lasting Power of Attorney) in place. These are Appointeeship and Deputyship.
Appointeeship
This is an arrangement between an organisation or individual and the DWP (Department for Work and Pensions) and gives the Appointee permission to manage the whole of a person's DWP benefits. It does not give permission to access the person's bank account or any benefits received through agencies other than the DWP.
The Appointee is expected to manage all aspects of the person's benefits including reporting changes of circumstances and changes to how much money the person has or receives.
The DWP will not charge you to set up Appointeeship. There are other agencies that can act as Appointee for a person that lacks capacity, but they will charge a fee for this depending on the services required.
There are organisations providing money management services available on the council's Information Support Directory.
Deputyship
This is an order granted by the court of protection which authorises an organisation, individual, or individuals to manage the whole of a person’s property and financial affairs.
The process of appointing a Deputy can take anywhere between many months to finalise.
Costs for a professional to make a Deputyship application can vary and it is important to remember that professional Deputies charge annual fees.
Court-approved professionals in the East Midlands
Power of attorney
You can make decisions about someone else’s financial affairs and their personal welfare if they nominated you when they made a lasting power of attorney (LPA) or enduring power of attorney (EPA).
If the person you’re looking after can’t appoint you as a lasting power of attorney because they've already lost mental capacity, you can apply to become a deputy.
Find out if someone has an attorney or deputy acting for them
Make, register or end a lasting power of attorney
Emergency and one-off decisions
You can apply to the Court of Protection if you need to make a one-off or emergency decision for someone else.
One-off or emergency decisions include:
- emergency medical treatment
- where someone should live
- selling their home