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09 July 2021 / Tom Hall
Issue: 7940 / Categories: Features , Wills & Probate , In Court , Court of Protection
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Property & finances: capacity matters

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Tom Hall provides a practical guide to capacity & the appointment of attorneys & deputies
  • Explores some of the differences between capacity to create a property and financial affairs lasting power of attorney, and capacity to manage property and financial affairs.
  • Some tips for the preparation of instructions to specialist capacity assessors.

The number of applications being made annually to the Court of Protection for the appointment of a property and financial affairs deputy has been steadily increasing since the implementation of the Mental Capacity Act in 2007. Similarly, we have also seen sustained growth for over a decade in the number of Lasting Powers of Attorney (LPAs) being registered annually with the Office of the Public Guardian. Unsurprisingly, the latest statistics, published by the Family Court last month, reveal that there was a decrease in the number of deputies appointed and LPA applications registered during first quarter of 2021 when compared with the first quarter of 2020. It is evident that lockdowns and the wider impact of

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