When a person is diagnosed with dementia, their families and friends must not only cope with the emotional impact of their loved one’s diagnosis, but they must also make difficult decisions regarding their care, finances, and wellbeing. Sometimes, they may need to apply to court for a deputyship order giving them permission to act as a deputy for their loved one which involves managing their affairs. While there is no such thing as a specific ‘dementia deputyship’, the types of deputyships available cover crucial aspects of a vulnerable individual’s life.
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What Does A Deputy Do?
A deputy is an individual appointed by the Court of Protection to take care of the affairs of a person who lacks the mental capacity to make decisions for themselves. Deputies are often friends or family members of the vulnerable individual, but the role can also be carried out by professionals, such as solicitors.
Depending on the type of Deputyship Order the Court of Protection makes, a deputy may be entitled to make decisions relating to the vulnerable person’s property and financial affairs, or their personal welfare.
Property and financial affairs deputyships allow a deputy to manage a vulnerable person’s finances and deal with any property they own. For example, the deputy may be able to access the vulnerable person’s bank accounts and pay their bills, or arrange for their property to be sold. Property and financial affairs deputyships are the most common type of deputyships.
Personal welfare deputyships allow a deputy to make decisions relating to the vulnerable person’s medical care and treatment, personal hygiene, and living arrangements.
Do Individuals With A Dementia Diagnosis Always Lack The Mental Capacity To Make Their Own Decisions?
No, a dementia diagnosis by itself does not mean that the person lacks the mental capacity to make their own decisions. It follows, therefore, that not all individuals living with dementia need help from a deputy.
The law on capacity is clear: adults are presumed to have mental capacity unless it is proven otherwise. Mental capacity is a decision-specific concept, meaning that an adult with a dementia diagnosis might have the mental capacity to make some straightforward decisions, such as those relating to personal hygiene, but may lack the capacity to make other, more complex decisions, such as those relating to medical treatment.
How Do I Know If A Loved One With Dementia Lacks Mental Capacity?
The applicable law on capacity is set out in the Mental Capacity Act. The Act details a two-stage test that must be applied when assessing whether an adult has the mental capacity to make a specific decision.
The first stage of the test is the diagnostic test, which assesses whether the individual has an impairment of, or disturbance in, the functioning of their mind or brain.
The second stage of the test is the functional test. This assesses whether the mind or brain disturbance impacts the individual’s ability to make a decision. In particular, it looks at whether the person can:
- Understand the information relevant to the decision in question.
- Retain that information long enough to make the decision in question.
- Use or weigh that information as part of the decision-making process.
- Communicate their decision, whether by talking, using sign language, or any other means.
If a person cannot do any of the above things, they lack the mental capacity to make that decision at that time.
How Can We Help?
Navigating the complexities of Court of Protection processes can be stressful and overwhelming. At Simper Law, we specialise in assisting vulnerable people and their families in understanding the legal procedures applicable to their situation and ensuring that the vulnerable person’s interests are protected.
Just some of the tasks we regularly undertake on behalf of our clients include the following:
- Advising on whether the person with a dementia diagnosis has the mental capacity required to make their own decisions.
- Preparing and submitting Court of Protection applications.
- Advising deputies on their extensive legal duties.
- Assisting deputies in fulfilling their extensive legal duties.
- Resolving disputes between family members.
We pride ourselves on offering our clients exceptional legal advice at affordable rates, and on coupling our legal expertise with a friendly, empathetic, and personal approach. We will explain the applicable law in plain English and talk you through the court processes relevant to your situation. We will ensure that you understand each stage of the procedure, and we will always be on hand to answer any questions and address any concerns.
Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
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