Who can make decisions when someone loses mental capacity and there's no power of attorney?

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Who can make decisions when someone loses mental capacity and there's no power of attorney? You may need to make decisions for someone who has lost their mental capacity when there's no lasting power of attorney or enduring power of attorney. Once the person has lost their mental capacity, it's no longer possible to make a power of attorney – see under heading When does someone lack mental capacity? It is possible to apply to the Court of Protection for a decision to be made on a particular matter. However, if there is a continuing need to make decisions on the person's behalf, you can ask the Court of Protection to appoint you as a deputy. A deputy was previously known as a receiver. A deputy is usually a family member or someone who knows the person well. A deputy can make decisions about someone's personal welfare, property and financial affairs. If there's no friend or family member who is suitable or willing to act as a deputy, the Court of Protection can appoint a professional from a panel. Sometimes, two or more deputies are appointed. They can be asked to act together in all matters. Alternatively, they can be asked to act together and independently which means that they can act together but may also act independently if they wish. If you are appointed as a deputy, you are entitled to have reasonable expenses paid, and may also be paid to carry out your duties. You will have to be able to show the Office of the Public Guardian that you're acting in the best interests of the person who has lost their mental capacity. The Court can cancel your appointment if it decides that your appointment is no longer in the best interests of that person. The Office of the Public Guardian will be responsible for supervising and supporting you. There is information about becoming a deputy on the GOV.UK website at www.gov.uk. If necessary, you can apply to the Court of Protection for an emergency order, which can be made in as little for 24 hours. You might need to do this if an urgent decision needed to be made to protect someone's health or safety. It is also possible to apply for an interim order, for example, if urgent action was needed to pay someone's care home fees.

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