Court of Protection
Dealing with lack of capacity
Ideally, by planning ahead and making provision for any circumstances when you no longer have capacity, involvement with the Court of Protection should be able to be avoided. However, as we all know, life has a way of taking us by surprise sometimes. Accidents and illness tend to occur when we least expect them, often when we are unable to easily deal with the consequences.
Business Lasting Power of Attorney
In terms of a farm, provision for dealing with lack of capacity would normally be in the form of drawing up a Business Lasting Power of Attorney (LPA) to appoint someone who could pick up the reins and ensure the continuity and stability of the business should you no longer have capacity. The attorney you appoint would then have the authority to make business decisions on your behalf. For example, things like signing off payroll, paying suppliers, authorising sale of livestock etc. which enable the farm to keep functioning. You could also have a separate Property and Finances LPA for your personal affairs outside of the business.
What happens without a Business LPA
However, should an LPA not be in place, then the alternative (once it has been established that a person no longer has mental capacity to deal with their property and finance and/or health and welfare), is to apply to the Court of Protection to appoint a Deputy. Business may be stalled whilst this lengthy process is undertaken.
What is a Deputy?
A Deputy is someone the Court appoints to make decisions on behalf of the person who no longer has capacity. This differs from an ‘Attorney’ who is someone chosen by you at a time when you have capacity. Once a person has lost capacity, they can no longer make LPAs, and the Deputy route is the only one available.
Help and guidance at a difficult time
It should be said that dealing with such situations via the Court of Protection can prove to be a lengthy, not to mention expensive process. However, if you find yourself in this situation, we will help to guide you through it in the most efficient way possible. Our advice is to be prepared and put in place LPAs now, whilst you can be involved in deciding who would step in to help, rather than leave it to chance when it may become too late.
Get in touch
We keep our blog up to date with current information and we may well have blog posts that could help
