Mental Capacity Act 2005 applications at record levels!
- AuthorLeah Woodnott
The number of applications made under the Mental Capacity Act 2005 to the Court of Protection are running at record levels according to the Family Court statistics.
Between January to March 2018, there were 8,089 applications made under the Mental Capacity Act 2005, with just under half (48%) relating to applications for the appointment of property and financial affairs deputies.
When a person has lost capacity and they can no longer deal with their property and financial affairs themselves, deputies are needed to be appointed by the Court of Protection to act on their behalf if they have not made Lasting or Enduring Powers of Attorney. This is done by applying to the Court of Protection by way of a deputyship application which asks the court for permission for the deputies to manage the person’s affairs.
The Family Court’s report shows that only 86% of the applications made to appoint property and financial affairs deputies were successful.
Solicitors for the Elderly have recently reported that there is a disparity between the number of people who are at risk of developing dementia and other forms of mental incapacity and the number of people who have planned for this eventuality.
It is clear from the statistics that 97% of people have not planned ahead for the eventuality that they can no longer make property and financial affairs decisions themselves and, based on the Solicitors for the Elderly’s statistics, they predict a looming incapacity crisis in the UK.
The report suggests that almost 12 million people have a high risk of future incapacity and have no plans in place to deal with their affairs!
Birkett Long can help if your loved one has lost capacity but has not made a Lasting or Enduring Power of Attorney. Our specialist Court of Protection team has experience in dealing with applications to the Court of Protection to appoint property and financial affairs deputies and would be happy to talk you through the process of applying to become your loved one’s deputy.
If this is the case then please do not hesitate to contact our specialist Court of Protection team on 01206 217609 alternatively you can email me at email@example.com.