Under the Mental Capacity Act of 2005, adults who are aged 16 or over are presumed to have the capacity to articulate, interact, take care of themselves, and make their own decisions, unless there is substantial evidence to prove otherwise.
The Court of Protection, based in London, makes decisions regarding the property, financial affairs and personal welfare decisions of an individual who lacks the mental capacity to make these decisions for themselves.
A person may be deemed to lack capacity for a number of reasons which could include:
- A severe learning disability
- A brain injury
- Mental health illness
- A stroke
- Persistent or potentially ongoing unconsciousness from an accident or anaesthetic
If you believe a family member or a friend no longer has the mental capacity to make their own decisions on one of these grounds, you may choose to make an application to the Court of Protection to be appointed as their Deputy so that you can make decisions on their behalf.
An application to the Court of Protection for the appointment of a Deputy always starts with medical evidence which confirms that the person concerned lacks capacity to make decisions for themselves either relating to money or welfare matters.