header-logo header-logo

11 March 2016 / Naomi O’Higgins
Issue: 7690 / Categories: Features , Mental health
printer mail-detail

Don’t shoot the deputy

001_nlj_7690_higgins

Naomi O’Higgins explains the role & responsibilities of deputies under the Mental Capacity Act 2005

Where a person, referred to in the Mental Capacity Act 2005 (MCA 2005) and in this article as “P”, no longer has mental capacity to manage his or her own property and affairs, but did not make a power of attorney while he or she had capacity, it is often necessary for an application to be made to the Court of Protection (COP) for the appointment of a person, known as a deputy, to make day-to-day decisions about and to manage and supervise P’s property and affairs.

A deputy can also be appointed to deal with P’s health and welfare, but the focus of this article is property and affairs deputyships.

Appointment of a deputy

A decision as to whether to appoint a deputy is one that must be taken in P’s best interests. Section 4 of MCA 2005 provides a checklist of factors that anyone, including the court, making a decision must consider when deciding what is in

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll