Looking after someone's affairs

Getting power of attorney and looking after someone who lacks mental capacity

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When someone lacks mental capacity

If a person lacks mental capacity, they may not be able to make decisions about certain things. This can be caused by an illness or a disability, such as:

  • dementia
  • mental health illness
  • learning disability
  • brain injury
  • stroke

Visit GOV.UK for guidance on checking mental capacity.

The NHS website has more information about the Mental Capacity Act.

Making decisions on behalf of someone

You will need to contact the Court of Protection if you want to make decisions for someone without mental capacity.

You can apply to help someone with one-off or long-term decisions.

If the person needs help with making long-term decisions, you can apply to become a deputy. Visit GOV.UK for information on becoming a deputy.

You can also become an appointee to manage someone's benefits if they lack mental capacity.

Our deputyship and appointeeship service

We can act as act as deputy or appointee for someone who lacks mental capacity. This means we will manage their financial affairs and benefits because they can’t make their own decision and have no-one else to do it for them.

See our page on corporate deputyship and appointeeship to find out about our role, how we are appointed and how you can make a referral.