The Court of Protection is a government organisation established to support individuals who lack the capacity to make healthcare and financial decisions for themselves.
When would the Court of Protection get involved?
The Court of Protection can make emergency decisions for an incapacitated person but they can also appoint deputies for incapacitated individuals who do not have a UK power of attorney and make legal determinations on whether someone is being deprived of their liberty.
What if someone has a power of attorney?
If someone already has a https://powerofattorneyonline.co.uk/blog/why-might-the-court-of-protection-need-to-get-involved-without-an-lpa/, the Court of Protection does not need to get involved, as the incapacitated individual has already appointed a trusted individual to handle their wellbeing and financial affairs for them.
Is it easier to appoint an attorney or a deputy?
A power of attorney makes a chosen individual an attorney for someone in the event that they lose mental capacity in the future and comes into effect only when such an occasion arises. A deputy is someone appointed by the Court of Protection after an individual without a power of attorney has lost mental capacity.
Individuals such as family members can apply to the Court of Protection to become deputies for someone who has become incapacitated, however this is a lengthy and expensive process when compared with the simple process of obtaining a power of attorney while their loved one still has full mental capacity.
Is there a difference between an attorney and a deputy?
Both attorneys and deputies must act in the best interests of the incapacitated individual.