Below is a breakdown of some of the more complicated legal terms used when discussing Court of Protection matters.
An individual appointed under a Lasting Power of Attorney who has the legal right to make decisions on behalf of the Donor.
A Deputy is under a duty to make any decision or action taken in the person’s best interests. There are standard minimum steps to follow when working out someone’s best interests.
Capacity refers to a person’s ability to make a particular decision.
Code of Practice
The Code of Practice acts as a guide to support the Mental Capacity Act.
Distributed by the Court of Protection setting out the legal rights a Deputy has and the scope of his decision-making.
Court of Protection
A Court specialising in issues relating to people who lack capacity to make specific decisions for themselves.
An individual appointed by the Court with the legal authority to make decisions on behalf of the person who lacks capacity.
Duty of Care
A Deputy is expected to show a Duty of Care when carrying out their services. The level of care required varies depending on the type of services carried out.
Lasting Power of Attorney
This is a legal document where a Donor appoints an Attorney to make decisions for them in the future. There are two types; Health and Welfare Lasting Power of Attorney and Property and Financial Affairs Lasting Power of Attorney
A person’s mental capacity refers to their capacity to make a particular decision at the time it needs to be made.
Office of the Public Guardian
This organisation keeps a register of, and investigates any concerns raised in relation to Deputies.
This relates to decisions about health and personal welfare.
Property and Affairs
This relates to decisions about financial matters.