Where an adult has lost their mental capacity due to brain injury or otherwise, someone must be appointed to manage their property and financial affairs. If they do not already have a lasting power of attorney appointing someone, the Court of Protection will appoint a deputy. If there is a suitable family member who can act, they will be considered for the appointment provided they are over 18, consent to the appointment and are not being paid to care for the individual. They must have the necessary skills, knowledge and commitment to carry out the tasks and duties of a deputy.
These duties include complying with the Mental Capacity Act 2005 (MCA 2005) statutory principles, which include making decisions in the patient’s best interests, having regard to the MCA 2005 Code of Practice, and only making decisions authorised by the court. Other duties include a duty of care, a duty not to delegate, a duty of confidentiality,
