What happens if a loved or care one has lost their capacity?

Office of the Public Guardian


If your loved one or cared for doesn't have a valid Enduring Power of Attorney or a Lasting Power of Attorney and can no longer make decisions for themselves, then it is necessary to seek authority from the Court of Protection.


Making an application is both, relatively, time consuming and expensive. Yet it is necessary to make such an application either because you are a family member, a friend or a professional having to deal with the incapacity of a loved or cared one.


The Court of Protection makes decisions and is responsible for appointing deputies to make ongoing decisions for people without capacity. The majority of cases are heard by a High Court Judge and require a detailed application to the Court. 


There are two types of deputy:


Property & Financial Affairs - as an example, paying bills for someone or organising pensions or property matters.


Personal Welfare - as an example, deciding for someone whether they require medical treatment or how your loved one is cared for.


The Court of Protection will assess the deputy and consider any objections.


We highly recommend the application is made by a solicitor qualified and experienced in Court of Protection and mental health work. We are lucky because we have a two solicitors who are experienced in this field, one is also a member of the Law Society Mental Health Accreditation Scheme. Both are excellent at dealing with elderly clients and persons lacking capacity and regularly appears before the Court of Protection and Mental Health Tribunal for Wales.


We make these applications routinely for clients. Our fees are normally based on a fixed fee with an hourly rate for more complex work. 

Please feel free to attend our offices in Llandeilo to discuss further. 


Please get in contact with us if you need help or assistance with any of the following:


  • Property & Affairs

  • Health & Welfare

  • Enduring Powers of Attorney

  • Court of Protection

  • Registration

  • Capacity issues

Tel: 01558 678 009   |   Fax: 01558 678 298   |   |   2 King Street Llandeilo SA19 6AA


- Solicitors & Notary Public Llandeilo -


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