Are You An Attorney or Deputy For Someone?

The role of an Attorney or Deputy is a complicated one.  There have been many cases recently about how Attorneys or Deputies act in their roles and get things very wrong.

You might be acting for someone who is a family member, neighbour or friend.  You might be unsure about the role you should be taking and how much you should be doing and what authority you have.

There might be some decisions which need making which are difficult, emotional or tricky to approach.

You might therefore want to consider:

  • Under the Mental Capacity Act 2005, Attorneyship donors and Deputyship patients must be encouraged to make as many decisions as they possibly can.  All practical steps to assist them must be taken.  Just because someone lacks the capacity to manage their finances as a whole, does not mean they are unable to make smaller decisions, with encouragement and assistance.
  • If after encouragement and support to make decisions they are unable to, then a decision must be made on their behalf.  This is called a “best interest decision” and is covered under s4 Mental Capacity Act 2005.  It involves a best interest decision being made by all the parties involved in the matter and a best interest decision sheet being completed to show this.

Sometimes, decision making for someone else can seem very daunting and you might want or need some assistance with this.  If so, we can help.  If you would like to discuss this with someone then we have people here who will be sensitive to your situation, and have years of experience in dealing with matters just like yours.

Contact us today, or please do visit our lasting power of attorney and deputyship pages for more information.

Click for more information on Supporting Ageing Parents or about what you can and can’t do as an attorney.

disinheriting children