Peterborough office

48 Broadway, Peterborough Cambridgeshire, PE1 1YW

01733 346 333 01733 562 338 enquiries@hegarty.co.uk

Stamford office

10 Ironmonger Street, Stamford Lincolnshire, PE9 1PL

01780 752 066 01780 762 774 enquiries@hegarty.co.uk

Oakham office

66 South Street, Oakham Rutland, LE15 6BQ

01572 757 565 01572 720 555 enquiries@hegarty.co.uk

Market Deeping office

27a Market Place, Market Deeping, PE6 8EA

01778 230 120 01778 230 129 enquiries@hegarty.co.uk
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  • 10 May 2018

    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.For further information contact our Court of Protection specialists or visit our Court of Protection page to find out more.

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