My father has dementia, can he make a Will or Lasting Power of Attorney?

Your father must have the capacity to understand and sign a legal document. If he does not have the capacity to do so, then you will need to complete a Court of Protection application to be appointed as a Deputy. The Court of Protection is a specialist Court which has the power to make decisions, and appoint Deputies to make on-going decisions, in relation to the Property & Financial Affairs, or Health & Welfare, of those who are mentally incapable and have not previously signed a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA). A Deputy is someone appointed by the Court to make decisions for someone who is mentally incapable of doing so on their own. They are responsible for making decisions for a mentally incapable person until either the death or recovery of that person. They are usually a close friend or relative of the person concerned but can be a professional such as a solicitor, or a local authority.

When should I make an Application to the Court and will a Solicitor be required?

Applications should be made for the following reasons: • If decisions need to be made and cannot be postponed • The person who you are concerned about lacks capacity to make decisions for themselves • There is no valid Lasting Power of Attorney or Enduring Power of Attorney. A solicitor can make an application on your behalf, but this is not essential. Guidance is available on www.gov.uk or by contacting the Court staff who will be able to assist you with general queries and provide basic guidance. The Court cannot provide any legal advice or services, and so many people find the assistance of a solicitor helpful when making a Deputyship Application.