If someone lacks the mental capacity to make decisions and doesn’t have a lasting or enduring power of attorney in place, you may need to apply to the Court of Protection to become their deputy. Deputies must be 18 or older and are usually close relatives or friends, though professional deputies like accountants or solicitors can also be appointed. The court can appoint multiple deputies for the same individual.
A power of attorney ensures there’s a plan if someone you care for can’t make decisions in the future. It’s a legal document giving someone trusted the authority to act on their behalf. The person creating it must have mental capacity, and only a Lasting Power of Attorney applies for future mental incapacity.
You can apply to become a DWP appointee if the person you care for is unable to manage their benefit claim due to mental incapacity or severe disability. Appointees can be family, friends, or organisations, and must be 18 or older. The DWP will assess the claimant’s need and interview the prospective appointee to ensure suitability.
If the person you care for needs temporary help with their bank account, they can authorise you through a third-party mandate. This allows you to manage their everyday banking, but it requires the account holder to have mental capacity. The mandate is usually renewed annually and is useful in situations like illness or injury, or while waiting for a power of attorney. For long-term or more extensive financial management, a power of attorney may be a better option.
Managing the affairs of someone you care for can involve various responsibilities, ranging from handling their finances, such as bank accounts and investments, to making decisions about their living arrangements and personal care. This responsibility may also include claiming welfare benefits or buying and selling property on their behalf. The approach to managing someone’s affairs depends on their specific needs and whether they have the mental capacity to make decisions themselves.
