Deputies: make decisions for someone who lacks capacity
Responsibilities
As a deputy, you바카라 사이트檙e responsible for helping someone make decisions or making decisions on their behalf.
You must consider someone바카라 사이트檚 level of mental capacity every time you make a decision for them - you cannot assume it바카라 사이트檚 the same at all times and for all kinds of things.
You바카라 사이트檒l get a court order from the Court of Protection which says what you can and cannot do. There are also general rules and examples in the Mental Capacity Act 2005 Code of Practice, and you바카라 사이트檒l need to meet standards for deputies.
Guidance for all deputies
When you바카라 사이트檙e making a decision, you must:
- make sure it바카라 사이트檚 in the other person바카라 사이트檚 best interests
- consider what they바카라 사이트檝e done in the past
- apply a high standard of care - this might mean involving other people, for example getting advice from relatives and professionals like doctors
- do everything you can to help the other person understand the decision, for example explain what바카라 사이트檚 going to happen with the help of pictures or sign language
- add the decisions to your annual deputy report
You must not:
- restrain the person, unless it바카라 사이트檚 to stop them coming to harm
- stop life-sustaining medical treatment
- take advantage of the person바카라 사이트檚 situation, for example abuse them or profit from a decision you바카라 사이트檝e taken on their behalf
- make a will for the person, or change their existing will
- make gifts unless the court order says you can
- hold any money or property in your own name on the person바카라 사이트檚 behalf
Property and affairs deputies
You must make sure:
- your own property and money is separate from the other person바카라 사이트檚
- you keep records of the finances you manage on their behalf in your annual deputy report
You may need to manage a Court Funds Office account on the other person바카라 사이트檚 behalf.
You could be fined or sent to prison for up to 5 years (or both) if you mistreat or neglect the person on purpose.