Mental Capacity and Delegations

The loss of capacity can be a gradual process through illness such as dementia, or instantaneous as a result of an accident. However it occurs it is often distressing, and it can create legal issues for family and loved ones if certain provisions are not in place.

If a loved one has lost capacity and there is no Lasting Power of Attorney (LPA) in place then an application for a Delegation would need to be made to the Court for consent to manage that person’s property and financial affairs or to have authority to make decisions about their health and welfare. The process is complex and expert medical evidence will need to be submitted. If the Court decides to appoint you as a Delegate you will fall under the supervision of the Court and any important decisions that need to be made will usually be made by the Court or require its blessing.

If the person who loses capacity or is suspected of losing capacity is a power holder or beneficiary of a trust, or a business owner this can create additional issues. We understand that this can often be a delicate situation and the individual concerned may be unwilling or unable to accept that their judgement may be impaired. Conversely if your capacity is being called into question and you are in disagreement, we can help make sure your rights and wishes are upheld. We can advise upon the legal test for capacity and how the loss of capacity of an individual may affect the operation of a business or the administration of a trust.

For a free 30 minute information session contact us on 01534 733030 or email