It regularly happens that a person loses capacity to make decisions for themselves without having previously made a Lasting Power of Attorney. If they made a valid Enduring Power of Attorney (EPA) prior to October 2007 this can be used as authority to act on their behalf but the EPA will need to be registered with the Office of The Public Guardian.
If a person has lost the ability to make their own decisions and there is no Lasting Power of Attorney or Enduring Power of Attorney already in place it is then too late for the situation to be rectified by means of a Lasting Power of Attorney. This is because in order to make a Lasting Power of Attorney the person making it must have a full understanding of the nature and effect of the document they are creating. In this situation, if you need authority to act on behalf of someone else, usually a close relative, then the only body that can grant this authority is the Court.
The particular section of the Court which deals with this type of matter is the Court of Protection and it has the power in appropriate circumstances to appoint a person to act as Deputy. The Deputy can then make decisions on behalf of the person who is unable to make their own.
You can apply to the Court of Protection to be appointed as Deputy in respect of person’s financial matters or their welfare or both. In either case we are able to deal with the application for you.